infringement of his copyright or related right, the person threatened may — (a) ­ bring an action against the claimant and obtain an injunction against the continuance of the threat; (b) ­ recover damages for any injury which he has sustained where the alleged infringement to which the threat related was not in fact an infringement of any copyright or other intellectual property rights of the claimant. (2) Subsection (1) shall not apply where the claimant commences and prosecutes an action with due diligence for infringement of his copyright or related rights. 56. � Offences (1) ­ Unless otherwise provided under this Act, any person who — (a) ­ without the express authorisation of the author or owner of the copyright — (i) ­ publishes, distributes or reproduces a work for commercial purposes; (ii) ­ performs a work for the public for gain or against remuneration; (iii) ­ communicates a work to the public for gain or against remuneration; (iv) broadcasts a work for gain or remuneration; (v) ­ makes a derivative work for gain or against remuneration; (vi) ­ imports, otherwise than exclusively for his own private and personal use, sells, exposes or offers for sale or hire, or has in his possession in the course of trade, any copy of a work which constitutes an infringement of the copyright of its owner, or would constitute such an infringement if the copy of the work were made iii Mauritius; (b) without the express authorisation of the owner of the related rights, infringes ­