738. Order for delivery up.

Until IP completion day1, where a person:

  1.  

    (1)     has in his possession, custody or control for commercial purposes2 an infringing article3; or

  2.  

    (2)     has in his possession, custody or control anything specifically designed or adapted for making articles to a particular design which is a community design, knowing or having reason to believe that it has been or is to be used to make an infringing article4,

the holder of the community design in question may apply to the community design court for an order that the infringing article or other thing be delivered up to him or to such