Singapore legislation

Section 310

of Copyright Act 2021

Section 310

Order to dispose of infringing copies, etc.

(1)

The Court may order the offending items to be —

(a)

forfeited to the claimant;

(b)

destroyed; or

(c)

otherwise dealt with.

(2)

Without limiting subsection (1)(c), a disposal order may require offending items to be sold and the proceeds to be divided between interested persons.

(3)

In deciding whether to make a disposal order, and the terms of the order, the Court must consider —

(a)

whether other remedies would be adequate to compensate the claimant and to protect the claimant’s interests; and

(b)

the need to ensure that no item is disposed of in a manner that would adversely affect the claimant.

(4)

If the Court decides not to make a disposal order after making a delivery up order, the Court —

(a)

must order that the offending items be returned to the person who was last in possession of the offending items before they were delivered up; and

(b)

may order the defendant in the infringement action to pay just and equitable damages to the claimant.