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Version Superseded: 31/12/2020
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Registered Designs Act 1949, Section 24D is up to date with all changes known to be in force on or before 15 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)An application may be made to the court for an order that an infringing article or other thing delivered up in pursuance of an order under section 24C of this Act shall be—
(a)forfeited to the registered proprietor, or
(b)destroyed or otherwise dealt with as the court may think fit,
or for a decision that no such order should be made.
(2)In considering what order (if any) should be made, the court shall consider whether other remedies available in an action for infringement of the right in a registered design would be adequate to compensate the registered proprietor and to protect his interests.
(3)Where there is more than one person interested in an article or other thing, the court shall make such order as it thinks just and may (in particular) direct that the thing be sold, or otherwise dealt with, and the proceeds divided.
(4)If the court decides that no order should be made under this section, the person in whose possession, custody or control the article or other thing was before being delivered up is entitled to its return.
(5)References in this section to a person having an interest in an article or other thing include any person in whose favour an order could be made in respect of it—
(a)under this section;
(b)under section 19 of Trade Marks Act 1994 (including that section as applied by regulation 4 of the Community Trade Mark Regulations 2006 (SI 2006/1027));
(c)under section 114, 204 or 231 of the Copyright, Designs and Patents Act 1988; or
(d)under regulation 1C of the Community Design Regulations 2005 (SI 2005/2339).]
Textual Amendments
F1Ss. 24A-24G inserted (29.4.2006) by Intellectual Property (Enforcement, etc) Regulations 2006 (S.I. 2006/1028), art. 1, Sch. 1 para. 3
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