Act of Sederunt (Rules of the Court of Session 1994) 1994

Applications under the Act of 1938 or the Copyright Act of 1988

55.17.—(1) An application under section 99, 195 or 230 of the Copyright Act of 1988 (which provide for orders for delivery in respect of infringement of copyright, rights in performances and design rights) shall be made–

(a) in a cause depending before the court, by motion; or

(b) where there is no depending cause, by petition.

(2) An application under section 114, 204 or 231 of the Copyright Act of 1988 (which provide for orders for disposal in respect of infringement of copyright, rights in performances and design rights) shall be made–

(a) in a cause depending before the court, by motion; or

(b) where there is no depending cause, by petition; and

the applicant shall intimate the application to all persons, so far as known to the petitioner or reasonably ascertainable, having an interest in the copy, article, recording or other thing which is the subject of the application, including any person in whose favour an order could be made in respect of the copy, article, recording or other thing under any of the said sections of the Copyright Act of 1988 or section 58C of the Act of 1938(1) (order for disposal in respect of infringement of trademarks).

(3) An application under section 58C of the Act of 1938 shall be made by petition and the petitioner shall intimate the petition to all persons, so far as known to the petitioner or reasonably ascertainable, having an interest in the goods or material which are the subject of the application, including any person in whose favour an order could be made in respect of the goods or material under that section or section 114, 204 or 231 of the Copyright Act of 1988.

(1)

1938 c. 22; section 58C was inserted by section 300 of the Copyright Act of 1988.