Cap. 417 Art. 115Order as to disposal of infringing machinery, products or material.

(1) Where infringing goods, material or products have been delivered up in pursuance of an order under article 114, an action by sworn application against any person having an interest in the products may be brought before the Court by any party interested:

(a) for an order that they be destroyed or forfeited to such person as the Court may deem fit, or

(b) for a decision that no such order should be made.

(2) In considering its decision, the Court shall consider whether other remedies available in an action for infringement of the registered design would be adequate to compensate the proprietor and any licensee to protect their interests.

(3) Any person having an interest shall be entitled:

(a) to appear in proceedings for an order under this article, whether or not he was served with a notice, and

(b) to appeal against any order made, whether or not he appeared at first instance, and any such order shall not take effect until the end of the period within which an appeal may be filed or, if before the end of that period an appeal is so filed, until the final determination or abandonment of the proceedings on the appeal.

(4) Where there is more than one person interested in the products, the Court shall make such order as it thinks fit.

(5) If the Court decides that no order should be made under this article, the person in whose possession, custody or control the products were before being delivered up shall be entitled to their return.