If an erstwhile applicant does not, before the date specified in an order contemplated in section 11(5)(e) or within the period referred to in section 11(6), whichever is applicable, institute proceedings against the erstwhile respondent for the infringement of the erstwhile applicant’s intellectual property right, or if, in the case where those proceedings have been so instituted, the erstwhile applicant’s claim has been dismissed by the court, the court, on the application of the erstwhile respondent or any other interested person claiming to be entitled to the subject goods and ancillary materials, may order that such goods and materials be released, respectively, to the erstwhile respondent or to such interested person who has proved his or her entitlement thereto.