§ 347 — Infringement action — compensation if action dismissed, etc.

347.—(1) This section applies if —(a)

an infringement action is brought in relation to the seized goods;

(b)

the action is dismissed or discontinued, or the Court decides that the importation or making of the seized goods is not a rights infringement; and

(c)

the Court is satisfied that the defendant has suffered loss and damage because of the seizure.

(2) The Court may order the requestor to pay compensation to the defendant.

—(1) This section applies if —(a)

an infringement action is brought in relation to the seized goods;

(b)

the action is dismissed or discontinued, or the Court decides that the importation or making of the seized goods is not a rights infringement; and

(c)

the Court is satisfied that the defendant has suffered loss and damage because of the seizure.

(2) The Court may order the requestor to pay compensation to the defendant.