[114B Forfeiture of infringing copies, etc: Scotland]
Copyright, Designs and Patents Act 1988 (1988 c 48) | Legislation

[114B  Forfeiture of infringing copies, etc: Scotland]

[(1)     In Scotland the court may make an order under this section for the forfeiture of any—

(a)     infringing copies of a copyright work, or

(b)     articles specifically designed or adapted for making copies of a particular copyright work.

(2)     An order under this section may be made—

(a)     on an application by the procurator-fiscal made in the manner specified in section 134 of the Criminal Procedure (Scotland) Act 1995 (c 46), or

(b)     where a person is convicted of a relevant offence, in addition to any other penalty which the court may impose.

(3)     On an application under subsection (2)(a), the court shall make an order for the forfeiture of any infringing copies or articles only if it is satisfied that a relevant offence has been committed in relation to the infringing copies or articles.

(4)     The court may infer for the purposes of this section that such an offence has been committed in relation to any infringing copies or articles if it is satisfied that such an offence has been committed in relation to infringing copies or articles which are representative of the infringing copies or articles

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