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District Court Rules

Schedule: B - Forms in criminal proceedings

Form: 31B.13 Order for / return of recordings, articles or devices / damages - Copyright And Related Rights Act 2000, / section 257(10) / section 257(12)
S.I. No. 421 of 2010
Schedule B

O. 31B, r 5(2), (3)


31B.13

Copyright And Related Rights Act 2000, *section 257(10) *section 257(12)

Order for *return of recordings, 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 recordings, articles or devices more particularly described in the notice given in accordance with section 257(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 recordings, articles or devices and that it is appropriate to make such order IT IS ORDERED under section 257(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 recordings, articles or devices *a person aggrieved by said seizure AND BEING SATISFIED that

(a) no infringement of a right conferred by Part III of the Copyright and Related Rights Act 2000 has been established, and

(b) the respondent being the person who exercised the right to seize and detain conferred by section 257(1) of the said Act had no reasonable grounds for such seizure.

*IT IS ORDERED under section 257(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