(1) Subject to the provisions of this section, where a person—
(a) in the course of his or her business, has an infringing copy of a work in his or her possession, custody or control; or
(b) has in his or her 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 copies,
the copyright owner may apply to the court for an order that the infringing copy or article be delivered up to him or her or to such other person as the court may direct.
(2) An application under subsection (1) shall not be made after the end of the period specified in section 146; 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 145 for the disposal of the infringing copies.
(3) A person to whom an infringing copy or other article is delivered up under an order made under this section shall, if an order under section 145 is not made, retain it until an order or decision is made by the court under that section.