Section 38 Copyright Act

Section 38 Copyright Act 2022 is about Order for inspection and seizure. It is under Part IV (Copyright Infringements) of the Act.

(1) In any action for infringement of any right under this Act, where an ex parte application is made to the court, supported with an affidavit, that there is reasonable cause to suspect that there is in any house or premises an infringing copy or any plate, film, device or contrivance used, intended to be used or capable of being used for the purpose of making infringing copies, the court may issue an order as it deems just, authorising the applicant to enter the house or premises at any reasonable time by day or night accompanied by a police officer or a Copyright Officer, to —

(a) seize, detain and preserve the infringing copy or contrivance ; and
(b) inspect any document, relating to the action, in the custody or under the control of the defendant.

(2) Any person who knowingly gives false information under this section commits an offence and is liable on conviction to a fine of at least N100,000 or imprisonment for a term of at least one year or both.