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District Court Rules

Schedule: B - Forms in criminal proceedings

Form: 31B.5 Order For Delivery Up - Copyright And Related Rights Act, 2000, Section 142


S.I. No. 411 of 2004

No. 31B.5

Copyright And Related Rights Act, 2000, Section 142

Order For Delivery Up


District Court Area of

District No.

A.B, ………………………………….…Prosecutor

C.D,……………………….………. Accused

WHERAS the said accused, has been

*charged with an offence

*convicted of an offence

contrary to the Copyright and Related Rights Act, 2000

AND I AM SATISFIED that there is a prima facie case to answer and that at the time the said ………………………………... was *arrested *charged with the said offence(s)he had in his/her possession, custody or control

*(a) in the course of a business, trade or profession, a copy of a work, knowing or having reason to believe it to be an infringing copy (within the meaning of section 44 of the said Act of 2000) or

*(b) an article specifically designed or adapted for making copies of a work, knowing or having reason to believe that it had been or was to be used to make infringing copies, or

*(c) a protection-defeating device, within the meaning of section 2 of the said Act of 2000, namely

IT IS ORDERED that the said infringing *copy *article *device be delivered up to ................... of ………………………*[being the copyright owner]

AND IT IS ORDERED THAT SAID *COPY *ARTICLE *DEVICE BE RETAINED BY HIM/HER PENDING THE MAKING BY THIS COURT OF A FINAL ORDER UNDER SECTION 145 OF THE ACT OF 2000 OR OF A DECISION NOT TO MAKE SUCH ORDER.

Dated this ...... day of .................. 20 ............ .

Signed ……………………………...

Judge of the District Court

[* delete as appropriate]