Registered Designs Act 1949

[F1 35ZC Section 35ZA: forfeiture in England and Wales or Northern Ireland U.K.

(1) In England and Wales or Northern Ireland, a person who, in connection with the investigation or prosecution of an offence under section 35ZA, has come into the possession of relevant products or articles may apply under this section for an order for the forfeiture of the products or articles.

(2) “Relevant product” means a product which is made exactly to a registered design, or with features that differ only in immaterial details from a registered design, by copying that design intentionally.

(3) “Relevant article” means an article which is specifically designed or adapted for making copies of a registered design intentionally.

(4) An application under this section may be made—

(a) where proceedings have been brought in any court for an offence under section 35ZA relating to some or all of the products or articles, to that court;

(b) where no application for the forfeiture of the products or articles has been made under paragraph (a), by way of complaint to a magistrates' court.

(5) On an application under this section, the court may make an order for the forfeiture of products or articles only if it is satisfied that an offence under section 35ZA has been committed in relation to the products or articles.

(6) A court may infer for the purposes of this section that such an offence has been committed in relation to any products or articles if it is satisfied that such an offence has been committed in relation to products or articles which are representations of them (whether by reason of being of the same design or part of the same consignment or batch or otherwise).

(7) Any person aggrieved by an order made under this section by a magistrates' court, or by a decision of such a court not to make such an order, may appeal against that order or decision—

(a) in England and Wales, to the Crown Court;

(b) in Northern Ireland, to the county court.

(8) An order so made may contain such provision as appears to the court to be appropriate for delaying the coming into force of the order pending the making and determination of any appeal (including any application under section 111 of the Magistrates' Courts Act 1980 or Article 146 of the Magistrates' Courts (Northern Ireland) Order 1981).

(9) Subject to subsection (10), any products or articles forfeited under this section are to be destroyed in accordance with such directions as the court may give.

(10) On making an order under this section, the court may, if it considers it appropriate to do so, direct that the products or articles to which the order relates shall (instead of being destroyed) be released to such person and on such conditions as the court may specify.]

Textual Amendments

F1 Ss. 35ZA-35ZD inserted (1.10.2014) by Intellectual Property Act 2014 (c. 18), ss. 13, 24(1); S.I. 2014/2330, art. 3, Sch. (as amended by The Intellectual Property Act 2014 (Amendment) Regulations 2014 (S.I. 2014/2329), regs. 1, 3) (as amended (1.10.2014) by The Intellectual Property Act 2014 (Amendment) Regulations 2014 (S.I. 2014/2329), regs. 1, 3)