Industrial Design [No. 22 of 2016 543 65. (1) An application may be made by a proprietor or a licensee to the court for— (a) an order that a product or article embodying a registered design be delivered up in accordance with section sixtyfour, be forfeited to the proprietor or exclusive licensee, destroyed or disposed of as the court considers appropriate, in accordance with laws relating to public health and the environment; or (b) a decision that no order be made under paragraph (a). (2) In deciding what order or decision to make under subsection (1), the court shall have regard to whether other remedies available would be adequate to compensate the proprietor or licensee and protect the interests of the creator or licensee. (3) The court shall issue directions as to the service of notice on persons having an interest in a product or article, embodying a registered design, which has been delivered up. (4) A person having an interest in a product or article which embodies a registered design, which has been delivered up shall be entitled to— (a) appear in proceedings for an order under this section, whether or not the person is served with notice; and (b) appeal against any order made, whether or not that person appears in the proceedings. (5) An order made in accordance with this section shall not take effect until the end of the period within which notice of an appeal may be given or, if before the end of that period notice of appeal is duly given, until the final determination or abandonment of the proceedings on the appeal. (6) Where there is more than one person interested in the product or article, embodying a registered design, delivered up, the court may direct that the product or article be sold, or otherwise dealt with, and the proceeds divided, subject to any agreement, and shall make any other order as it considers appropriate. (7) If the court decides that no order should be made in accordance with this section, the person in whose possession, custody or control the product or article, embodying a registered design, was before being delivered up is entitled to its return. Order for forfeiture, destruction and disposal

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