Singapore legislation
Clause 40
Clause 40
Order for delivery up
(1)
Where the defendant to proceedings for infringement of a registered design has in his possession —
any infringing articles in relation to that design; or
anything predominantly used for the making of infringing articles, which the defendant knows or has reason to believe has been or is to be used to make infringing articles,the Court may, in addition to any relief granted under section 36, order the articles or thing to be delivered to the plaintiff.
(2)
No order shall be made under this section unless the Court also makes, or it appears to the Court that there are grounds for making, an order under section 41.
(3)
A person to whom any article or thing is delivered up in pursuance of an order made under this section shall, if an order under section 41 is not made, retain them pending the making of an order, or the decision not to make an order, under that section.
(4)
In this section and section 41, an article is an “infringing article” in relation to a registered design if the design or a design not substantially different from it has been applied to the article and —
the application of the design to the article was an infringement of the design;
the article is imported into Singapore in such a way as to infringe the design; or
the article is sold, let for hire, or offered or exposed for sale or hire in Singapore in such a way as to infringe the design.