§ 309 — Order to deliver up infringing copies, etc.

309.—(1) This section and sections 310 and 311 apply where —(a)

an infringement action is brought; and

(b)

any of the following items (called in this section and sections 310 and 311 offending items) is before the Court or in the defendant’s possession:(i)

any infringing copy;

(ii)

any article that has been used to make infringing copies.

(2) The Court may order the offending items to be delivered up to the claimant, but only if —(a)

the Court also makes a disposal order; or

(b)

it appears to the Court that there are grounds for making a disposal order.

(3) If the Court orders any offending items to be delivered up to a person under subsection (2), the person must retain the items until the Court decides whether or not to make a disposal order.

—(1) This section and sections 310 and 311 apply where —(a)

an infringement action is brought; and

(b)

any of the following items (called in this section and sections 310 and 311 offending items) is before the Court or in the defendant’s possession:(i)

any infringing copy;

(ii)

any article that has been used to make infringing copies.

(2) The Court may order the offending items to be delivered up to the claimant, but only if —(a)

the Court also makes a disposal order; or

(b)

it appears to the Court that there are grounds for making a disposal order.

(3) If the Court orders any offending items to be delivered up to a person under subsection (2), the person must retain the items until the Court decides whether or not to make a disposal order.