s 40 Order for delivery up
40.—(1) Where the defendant to proceedings for infringement of a registered design has in the defendant’s possession —(a) any infringing article in relation to that design; (b) anything predominantly used for the making of infringing articles, which the defendant knows or has reason to believe has been or is to be used to make infringing articles; or (c) any infringing device in relation to that design, the Court may, in addition to any relief granted under section 36, order the article, thing or infringing device to be delivered to the claimant. [29/2017] [Act 25 of 2021 wef 01/04/2022] (2) An order is not to be made under this section unless the Court also makes, or it appears to the Court that there are grounds for making, an order under section 41. (3) A person to whom any article, thing or infringing device is delivered up pursuant to an order made under this section must, if an order under section 41 is not made, retain them pending the making of an order, or the decision not to make an order, under that section.[29/2017] (4) In this section and section 41, an article is an “infringing article” in relation to a registered design if the design or a design not substantially different from it has been applied to the article and —(a) the application of the design to the article was an infringement of the design; (b) the article is imported into Singapore in such a way as to infringe the design; or (c) the article is sold, let for hire, or offered or exposed for sale or hire in Singapore in such a way as to infringe the design. (5) In this section and section 41, an infringing device in relation to a registered design is a device for projecting a non‑physical product where —(a) the design, or a design not substantially different from that design, has been applied to the non‑physical product; and (b) either or both of the following apply:(i) the device is made in Singapore or imported into Singapore in such a way as to infringe the design; (ii) the device is sold, let for hire, or offered or exposed for sale or hire in Singapore in such a way as to infringe the design.[29/2017]