F1Order for delivery up1B

1

Where a person—

a

has in his possession, custody or control for commercial purposes an infringing article, or

b

has in his possession, custody or control anything specifically designed or adapted for making articles to a particular design which is a F2supplementary unregistered design, knowing or having reason to believe that it has been or is to be used to make an infringing article,

the holder of the F2supplementary unregistered design in question may apply to the F3... design court for an order that the infringing article or other thing be delivered up to him or to such other person as the F4design court may direct.

2

An application shall not be made after the end of the period specified in the following provisions of this regulation; and no order shall be made unless the F5design court also makes, or it appears to the F5design court that there are grounds for making, an order under regulation 1C (order as to disposal of infringing articles, &c.).

3

An application for an order under this regulation may not be made after the end of the period of six years from the date on which the article or thing in question was made, subject to paragraph (4).

4

If during the whole or any part of that period the holder of the F6supplementary unregistered design—

a

is under a disability, or

b

is prevented by fraud or concealment from discovering the facts entitling him to apply for an order,

an application may be made at any time before the end of the period of six years from the date on which he ceased to be under a disability or, as the case may be, could with reasonable diligence have discovered those facts.

5

In paragraph (4) “disability”—

a

in England and Wales, has the same meaning as in the Limitation Act 1980;

b

in Scotland, means legal disability within the meaning of the Prescription and Limitation (Scotland) Act 1973;

c

in Northern Ireland, has the same meaning as in the Statute of Limitations (Northern Ireland) 1958.

6

A person to whom an infringing article or other thing is delivered up in pursuance of an order under this regulation shall, if an order under regulation 1C is not made, retain it pending the making of an order, or the decision not to make an order, under that regulation.

7

The reference in paragraph (1) to an act being done in relation to an article for “commercial purposes” are to its being done with a view to the article in question being sold or hired in the course of a business.

8

Nothing in this regulation affects any other power of the F7design court.