40. (1) In this section " related offence ",in relation to any prooceedings
to which subsection (2) applies, means-
(a) in the case of proceedings within
subsection (3)(a) or (b)-
(i)any offence committed by or in the course of the infringement to which
those proceedings relate;
or
(ii) any offence not within subparagraph (i) committed in connection with
that infringement, being an offence involving fraud or dishonesty;
(b)in the case of proceedings within subsection (3)(c), any offence revealed
by the facts on which the plaintiff relies in those proceedings;
"related penalty", in relation to any proceedings to which subsection (2)
applies, means-
(a) in the case of proceedings within subsection (3)(a) or (b), any penalty
incurred in respect of anything done or omitted in connection with the
infringement to which those proceedings relate;
(b) in the case of proceedings within subsection (3)(c), any penalty incurred
in respect of any act or omission revealed by the facts on which the plaintiff
relies in those proceedings.
(2) In any proceedings to which this subsection applies a person shall
not be excused, by reason that to do so should tend to expose that person,
or his spouse, to proceedings for a related offence or for the recovery
of a related penalty-
from answering any question put to that person in the first-mentioned proceedings;
or
(b) from complying with any order made in those proceedings.
(3) Subsection (2) applies to the following civil proceedings in the Court,
namely:
(a) proceedings for infringement of copyright or neighbouring rights;
(b) proceedings brought to obtain disclosure of I information relating
to any infringement of such rights; and
(c) proceedings brought to prevent any apprehended infringement of such
rights.
(4) Subject to subsection (5), no statement or admission made by a person
(a)in answering a question put to him in any proceedings to which subsection
(2) applies; or
(b)in complying with an order made in any such proceedings,
shall, in proceedings for any related offence or for the recovery of any
related penalty, be admissible in evidence against that person or (unless
they married after the making of the statement or admission) against the
spouse of that person.
(5) Nothing in subsection (4) shall render any statement or admission made
by a person as therein mentioned inadmissible in evidence against that
person in proceedings for perjury or contempt of court.
(6) Any reference in this section to civil proceedings in the Court includes
a reference to proceedings on appeal arising out of those civil proceedings.
