Copyright Act 2021 · 2020 Revised Edition · Part 6 · Remedies for and Border Enforcement Measures Against Rights Infringements
310. Order to dispose of infringing copies, etc.
Feedback & supportThe Court may order the offending items to be —
forfeited to the claimant;
destroyed; or
otherwise dealt with.
Without limiting subsection (1)(c), a disposal order may require offending items to be sold and the proceeds to be divided between interested persons.
In deciding whether to make a disposal order, and the terms of the order, the Court must consider —
whether other remedies would be adequate to compensate the claimant and to protect the claimant’s interests; and
the need to ensure that no item is disposed of in a manner that would adversely affect the claimant.
If the Court decides not to make a disposal order after making a delivery up order, the Court —
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
may order the defendant in the infringement action to pay just and equitable damages to the claimant.