District Court Rules
Schedule: B - Forms in criminal proceedings Form: 31B.12 Order 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.12
Copyright And Related Rights Act 2000, *section 133(10) *section 133(12)
Order for *return of copies, articles or devices *damages
District Court Area of
District No.
.................. of ........................ Applicant
.................. of ........................ Respondent
WHEREAS on application made this day by the above-named applicant to the sitting of the District Court at .................
I AM SATISFIED THAT certain copies, articles or devices 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 order) were seized by the above-named respondent on the .... day of ....... 20 ... at ............... in court *(area and) district aforesaid
BEING SATISFIED that notice of the said application was duly served
HAVING HEARD the evidence offered and submissions made on behalf of the said applicant *and the said respondent
*BEING SATISFIED that the said applicant is the owner of the said copies, articles or devices and that it is appropriate to make such order IT IS ORDERED under section 133(10) of the Copyright and Related Rights Act 2000 that said recordings, articles or devices be returned to the applicant
*BEING SATISFIED that the said applicant is *the owner of the said copies, articles or devices *a person aggrieved by said seizure AND BEING SATISFIED 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
*IT IS ORDERED under section 133(12) of the Copyright and Related Rights Act 2000 that the said respondent do pay the said applicant damages in the amount of €....
Dated this .... day of ............. 20 ...
Signed ..................
Judge of the District Court
*Delete where inapplicable
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