Singapore legislation
Section 41
Section 41
Order for disposal
(1)
Where any infringing article or thing, or any infringing device, has been delivered up pursuant to an order made under section 40, an application may be made to the Court —
for an order that it be destroyed or forfeited to such person as the Court thinks fit; or
for a decision that no such order should be made.
(2)
In deciding what order (if any) should be made, the Court must have regard to —
whether other remedies available in proceedings for infringement would be adequate to compensate the plaintiff and protect the plaintiff’s interest; and
the need to ensure that no infringing article or thing, and no infringing device, is disposed of in a manner that would adversely affect the plaintiff.
(3)
The Court is to issue directions as to service of notice on persons having an interest in the article, thing or infringing device.
(4)
Any person having an interest in the article, thing or infringing device is entitled —
to appear in proceedings for an order under this section, whether or not that person is served with notice; and
to appeal against any order made, whether or not that person appears in the proceedings.
(5)
An order made under this section does not take effect until the end of the period within which notice of an appeal may be given or, if before the end of that period notice of appeal is duly given, until the final determination or abandonment of the proceedings on appeal.
(6)
Where there is more than one person interested in the article, thing or infringing device, the Court may —
direct that the article, thing or infringing device be sold, or otherwise dealt with, and the proceeds divided; and
make any other order as the Court thinks just.
(7)
If the Court decides that no order should be made under this section, the person in whose possession the article, thing or infringing device was before being delivered up is entitled to its return.