Order for delivery up in civil proceedings

(1) Subject to the provisions of this section, where a person, (a) in the course of his business, has an infringing copy of a work in his possession, custody or control; or (b) has in his possession, custody or control an article specifically designed or adapted for making copies of a particular protected work, knowing or having reason to believe that it has been or is being used to make infringing the copyright owner may apply to the court for an order that the infringing copy or article be delivered up to him or to such other person as the court may direct. (2) An application under subsection (1) of this section, shall not be made after the end of the period specified in section 136 of this Act; and no order shall be made unless the court also makes, or it appears to the court that there are grounds for making, an order under section 135 of the Act for the disposal of the infringing copies. (3) A person to whom an infringing copy or other article is delivered up pursuant to an order made under this section shall, if an order under section 135 of this Act is not made, retain it 53 until an order or decision is made by the court under that