European Union
IP Enforcement
57. Please quote what provisions of your legislation authorize the competent authorities to order the destruction or disposal of infringing goods.
Section 125 of the Copyright Act allows the court to make orders for the disposal of infringing goods. Section 125 stipulates that: "125.-(1) An application may be made to the court for an order that an infringing copy or other object delivered up pursuant to an order under section 111 or 123 or seized pursuant to section 112 or 122 be- (a) forfeited to the copyright owner; or (b) destroyed or otherwise dealt with as the court thinks fit. (2) In considering what order (if any) should be made under subsection (1), the court must have regard to- (a)whether other remedies available in proceedings for infringement of copyright would be adequate to compensate the copyright owner and to protect the interests of the copyright owner; and (b) the need to ensure that no infringing copy is disposed of in a manner that would adversely affect the copyright owner. (3) Before making an order under subsection (1), a court must issue directions as to the service of notice on persons who have an interest in the copy or other object. (4) A person who has an interest in a copy or other object which is the subject of an application under subsection (1) is entitled- (a) to appear in proceedings for an order under this section, whether or not the person is served with notice; and (b) to appeal against any order made, whether or not the person appears in the proceedings. (5) An order made under subsection (1) 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 the appeal. (6) If there is more than one person interested in a copy or other object, a court may direct that the object be sold, or otherwise dealt with, and the proceeds divided, and make any other order it thinks just. (7) If a court decides that no order should be made under this section, the person in whose possession, custody, or control the copy or other object was before being delivered up is entitled to its return."