Order 99C

Intellectual Property : S.I. No. 411 of 2004

1. An application to the Court in or by way of a civil proceeding for the delivery up of an infringing article, copy, or device under section 131 or of an illicit recording, article or device under section 255 of the Copyright and Related Rights Act, 2000 or of an infringing product or article under section 61 of the Industrial Designs Act, 2001 may be made ex parte to any sitting of the District Court for the Court District wherein it is believed that such infringing, articles, copies or devices are in the possession, custody of control of any person. Such application may be grounded upon an information on oath and in writing by or on behalf of the copyright owner or a person having rights conferred by Part III of the Act of 2000 or the registered proprietor or his or its authorised representative. Where an application has been made, and remains undetermined, in a criminal proceeding, for the delivery up of some or all of the same article(s), copies, devices or products, an application hereunder shall not be determined until the determination of the application in the criminal proceeding.

2. The Court may adjourn such application and direct that person against whom such Order is sought be served with notice of such application in the Form 99C.1, Schedule C. by delivery by hand or by prepaid registered post, on the respondent thereto and on any other person directed by the Court to be served with such notice. If served by hand, the notice shall be served at least seven days before the date of the sitting of the Court to which it is returnable; if served by prepaid registered post, the notice shall be served at least fourteen days before the date of the sitting of the Court to which it is returnable.

3. An Order made on such application, whether ex parte or inter partes, shall be in the Form 99C.2, Schedule C.

4. An application to the Court in or by way of a civil proceeding for the forfeiture or disposal of an infringing copy, article or, device under section 145 or of an illicit recording, article or device under section 264 of the Act of 2000 or of an infringing product or article under section 72 of the Act of 2001 shall be in the Form 99C.3, Schedule C and shall be served by the applicant, by delivery by hand or by prepaid registered post, on the respondent thereto, on the respondent, on any other person appearing to have an interest in the goods, materials, articles, copies, devices or products concerned and on any other person directed by the Court to be served. If served by hand, the notice shall be served at least seven days before the date of the sitting of the Court to which it is returnable; if served by prepaid registered post, the notice shall be served at least fourteen days before the date of the sitting of the Court to which it is returnable. Where an application has been made, and remains undetermined, in a criminal proceeding, for the delivery up of some or all of the same article(s), copies, recordings, devices or products, an application hereunder shall not be determined until the determination of the application in the criminal proceeding.

5. An Order of the Court on such application shall be in the Form 99C.4, Schedule C.