674 No. 33 Protection of Traditional Knowledge and Cultural Expressions 2016 such use is of a commercial nature without the permission of the owner; or (b) acts in a manner or commits an omission that infringes the moral rights of the traditional owners of that traditional knowledge or cultural expression, the owners shall have the right to institute legal proceedings against any such person. 39. (1) The court may, in under section 38- proceedings instituted (a) grant an injunction; (b) award damages for loss resulting from the unauthorized use; (c) (d) (e) (f) (e) make a declaration that the cultural rights of the holders have been contravened; order that the infringer make a public apology for the contravention; order that any false attribution of ownership, or derogatory treatment, of the traditional knowledge or cultural expressions cease or be reversed; order the account for profits made by the infringer in exploiting the infringing articles; of profits made by the infringer in exploiting the infringing articles to the order the forfeiture owner; (h) order the delivery up or forfeiture to the holders of articles made in contravention of their rights, as provided for under this Act; (i) order the seizure of any object made, imported or exported contrary to this Act; 0) order the revocation or invalidation of intellectual property rights inappropriately acquired over traditional knowledge or cultural expressions or derivatives thereof; or (k) make such other orders as the Court considers appropriate in the circumstances or as it may deem fit. (2) The court may in deciding the relief to be granted consider- civirremedies'