Copyright Act 2021 · 2020 Revised Edition · Part 6 · Remedies for and Border Enforcement Measures Against Rights Infringements
309. Order to deliver up infringing copies, etc.
Feedback & supportThis section and sections 310 and 311 apply where —
an infringement action is brought; and
any of the following items (called in this section and sections 310 and 311 offending items) is before the Court or in the defendant’s possession:
any infringing copy;
any article that has been used to make infringing copies.
The Court may order the offending items to be delivered up to the claimant, but only if —
the Court also makes a disposal order; or
it appears to the Court that there are grounds for making a disposal order.
If the Court orders any offending items to be delivered up to a person under subsection (2), the person must retain the items until the Court decides whether or not to make a disposal order.