§ 310 — Order to dispose of infringing copies, etc.

310.—(1) The Court may order the offending items to be —(a)

forfeited to the claimant;

(b)

destroyed; or

(c)

otherwise dealt with.

(2) Without limiting subsection (1)(c), a disposal order may require offending items to be sold and the proceeds to be divided between interested persons.

(3) In deciding whether to make a disposal order, and the terms of the order, the Court must consider —(a)

whether other remedies would be adequate to compensate the claimant and to protect the claimant’s interests; and

(b)

the need to ensure that no item is disposed of in a manner that would adversely affect the claimant.

(4) If the Court decides not to make a disposal order after making a delivery up order, the Court —(a)

must order that the offending items be returned to the person who was last in possession of the offending items before they were delivered up; and

(b)

may order the defendant in the infringement action to pay just and equitable damages to the claimant.

—(1) The Court may order the offending items to be —(a)

forfeited to the claimant;

(b)

destroyed; or

(c)

otherwise dealt with.

(2) Without limiting subsection (1)(c), a disposal order may require offending items to be sold and the proceeds to be divided between interested persons.

(3) In deciding whether to make a disposal order, and the terms of the order, the Court must consider —(a)

whether other remedies would be adequate to compensate the claimant and to protect the claimant’s interests; and

(b)

the need to ensure that no item is disposed of in a manner that would adversely affect the claimant.

(4) If the Court decides not to make a disposal order after making a delivery up order, the Court —(a)

must order that the offending items be returned to the person who was last in possession of the offending items before they were delivered up; and

(b)

may order the defendant in the infringement action to pay just and equitable damages to the claimant.