District Court Rules
Schedule: B - Forms in criminal proceedings Form: 31B.10 Notice of application for / return of copies, articles or devices / damages - Copyright and Related Rights Act 2000, / section 133(10) / section 133(12)
S.I. No. 421 of 2010
Schedule B
O. 31B, r 3(2), (3)
31B.10
Copyright and Related Rights Act 2000, *section 133(10) *section 133(12)
Notice of application for *return of copies, articles or devices *damages
District Court Area of
District No.
.................. of ......................... Applicant
.................. of ........................ being the person claiming to be the owner of the copyright in the work concerned ........ Respondent.
WHEREAS certain copies, articles or devices were seized on the ..... day of ....... 20 ... at........ in court *(area and) district aforesaid
The said copies, articles or devices are more particularly described in the notice given in accordance with section 133(8) of the Copyright and Related Rights Act 2000 (a copy of which is attached to this notice of application), to the owner, occupier or person in charge of the place where the seizure took place.
TAKE NOTICE that an application will be made to the sitting of the District Court to be held at............ on the ..... day of ........... 20 ..... at ....... am/pm by the above-named applicant, being
*the owner of the said copies, articles or devices, under section 133(10) of the Copyright and Related Rights Act 2000, for the return of those copies, articles or devices on the grounds that ........................
*the owner of the said copies, articles or devices, *a person aggrieved by said seizure, under section 133(12) of the Copyright and Related Rights Act 2000, for damages against the said respondent, being the person claiming to be the owner of the copyright in the work concerned, on the grounds that
(a) no infringement of copyright has been established, and
(b) the respondent being the person who exercised the right to seize and detain, conferred by section 133(1) of the said Act had no reasonable grounds for such seizure.
Dated this ..... day of .............. 20 ....
Signed .............................
Applicant/Solicitor for the Applicant
To: Clerk of the District Court at ......................
And to: .........................
of .................................,
being the person claiming to be the owner of the copyright in the work concerned
[And to: Superintendent/Inspector of the Garda Síochána at ...................... ]
*Delete where inapplicable
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