Act 17 Trademarks Act 2010 (2) A person shall not be taken to have committed an offence under subsection (1) if he or she proves to the satisfaction of the court that the offence for which he or she is charged was committed by some person other than himself or herself and was without his or her consent or connivance and that he or she exercised all diligence to prevent the commission of the offence as he or she ought to have exercised in the circumstances. PART IX—MISCELLANEOUS 81. Penalties and compensation. (1) In addition to any punishment imposed by the court in respect of an offence under this Act in an action for infringement, a relief by way of damages, injunctions, account of profits or otherwise, shall be available to the plaintiff as in any other corresponding proceedings in respect of infringements of other proprietary rights and in that action the court may give such orders as are necessary to— (a) enable the plaintiff to obtain evidence of an infringement which he or she intends to adduce at the trial; (b) prohibit the defendant from removing his or her assets from the jurisdiction of the court or otherwise wasting them, to the extent that those assets are necessary to satisfy the plaintiff’s claim if he or she succeeds at the trial. (2) In proceedings to which subsection (1) (a) applies— (a) a person shall not be excused from answering a question put to that person or complying with an order made under that subsection by reason only that to do so would tend to expose that person or his or her spouse to criminal proceedings under this Act; (b) a statement of admission made by a person in answer to a question put or an order made, in accordance with that subsection is not admissible in criminal proceedings brought under this Act against that person or his or her spouse, except that nothing in this paragraph shall render that statement or admission inadmissible in proceedings against that person for perjury or contempt of court. 63

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents