[Sub-s. (2) substituted by s. 21 (c) of Act 125 of 1992.]
(3)
Where in an action under this section an infringement of copyright is proved or
admitted, and the court having regard, in addition to all other material considerations,
to(a)
the flagrancy of the infringement; and
(b)
any benefit shown to have accrued to the defendant by reason of the
infringement,
is satisfied that effective relief would not otherwise be available to the plaintiff, the
court shall in assessing damages for the infringement have power to award such
additional damages as the court may deem fit.
(4)
In an action for infringement of copyright in respect of the construction of a building,
no interdict or other order shall be made(a)
after the construction of the building has been begun so as to prevent it from
being completed; or
(b)
so as to require the building, in so far as it has been constructed, to be
demolished.
25 Rights of action and remedies of exclusive licensee and exclusive sub-licensee
(1)
An exclusive licensee and an exclusive sub-licensee shall have the same rights of action
and be entitled to the same remedies as if the licence were an assignment, and those
rights and remedies shall be concurrent with the rights and remedies of the owner of the
copyright under which the licence and sub-licence were granted.
(2)
Before an exclusive licensee or sub -licensee institutes proceedings under subsection
(1), he or she shall give notice in writing to the owner of the copyright concerned of the
intention to do so, and the owner may intervene in such proceedings and recover any
damages he or she may have suffered as a result of the infringement concerned or a
reasonable royalty to which he or she may be entitled.
[Sub-s. (2) added by s. 22 of Act 125 of 1992 and substituted by s. 56 of Act 38
of 1997.] [S. 25 substituted by s. 1 of Act 39 of 1986.]
Source: http://www.wipo.int/portal/es/