delivery up

In appropriate cases, a court may order that a party to litigation to deliver to a designated place or person for the purposes of destruction or retention by the recipient. This form of relief is a species of injunction. The availability of the court order in any particular case is determined on equitable principles.

Delivery up may be ordered as an alternative to destruction of such material on oath and is useful where a defendant has shown, by past conduct, that his oath is not to be relied upon.

Usage: A court ordered the delivery up of copies of infringing software.

Related Words: copyright; intellectual property; injunction; interim injunction; equitable remedies; litigation; specific performance.