66 Laws of Malaysia Act 332 (6) Where in an action under this section it is established that an infringement or a prohibited act under section 36A or 36B was committed but it is also established that at the time of the infringement or commission of the prohibited act the defendant was not aware, and had no reasonable grounds for suspecting, that the act was an infringement of the copyright or prohibited under section 36a or 36b, the plaintiff shall not be entitled under this section to any damages against the defendant in respect of the infringement or commission of the prohibited act, but shall be entitled to an account of profits or statutory damages whether or not any other relief is granted under this section. (7) Where in an action under this section an infringement of copyright or the commission of a prohibited act under section 36a or 36b is established, the court may, in assessing damages for the infringement or commission of the prohibited act, award such additional damages as it may consider appropriate in the circumstances if it is satisfied that it is proper to do so having regard to— (a) the flagrancy of the infringement or prohibited act; (c) all other relevant matters. (b) any benefit shown to have accrued to the defendant by reason of the infringement or prohibited act; and (8) In awarding statutory damages under paragraph (1)(d), the court shall have regard to— (a) the nature and purpose of the infringing act or prohibited act, including whether the infringing act or prohibited act was of a commercial nature or otherwise; (b) the flagrancy of the infringement or prohibited act; (c) whether the defendant acted in bad faith; (d) any loss that the plaintiff has suffered or is likely to suffer by reason of the infringement or prohibited act; (e) any benefit shown to have accrued to the defendant by reason of the infringement or prohibited act; (f) the conduct of the parties before and during the proceedings; (g) the need to deter other similar infringement or prohibited act; and (h) all other relevant matters.