| (1) |
Without derogating from the powers of a court in any civil or criminal proceedings relating to counterfeit goods, such a court may order— |
| (a) |
that the goods in question, where they have been found to be counterfeit goods, be delivered up to the owner of the intellectual property right the subject matter of which has been unlawfully applied to those goods, or up to any complainant deriving his or her title from that owner, irrespective of the outcome of the proceedings; |
| (b) |
that those goods be released to any person specified in the order; |
| (c) |
that the complainant pays damages, in an amount determined by the court, to the person from whom those goods were seized and pays that person’s costs; |
| (d) |
that the accused or the defendant or respondent (as the case may be) discloses the source from which those goods, if found to be counterfeit goods, have been obtained, as well as the identity of the persons involved or ostensibly involved in the importation, exportation, manufacture, production or making, and the distribution, of the counterfeit goods and in the channels of distribution of those goods. |
| (2) |
If a court in any civil or criminal proceedings has ordered the delivery up to any person of goods found to be counterfeit goods derived from any process of counterfeiting contemplated in paragraph (b) or (c) of the definition of "counterfeiting" in section 1(1), then, notwithstanding the provisions of any law, those goods— |
| (a) |
may not be released into the channels of commerce upon the mere removal of the subject matter of the intellectual property right that was unlawfully applied to those goods; |
| (b) |
if imported, may not be exported in an unaltered state, |
unless the court, on good cause shown, has ordered otherwise.
Older Persons Act, 2006
