Act 17
Trademarks Act
2010
(2) A person who contravenes this section commits an offence
and is liable on conviction to a fine not exceeding forty eight currency
points or imprisonment not exceeding two years of both; and the
goods to which the offence relates may be forfeited by order of the
court under section 81(4).
79. Civil remedies.
(1) A person whose rights under this Act are in imminent danger
of being infringed or are being infringed may institute civil
proceedings in the court for an injunction to prevent the infringement
or to prohibit the continuation of the infringement.
(2) Upon an ex-parte application by a right owner, the court may
in chambers make an order for the inspection of or removal from the
infringing person’s premises or control, of the right infringing
materials, which constitute evidence of infringement by that person.
(3) The grant of an injunction under subsection (1) shall not
affect the owner’s claim for damages in respect of loss sustained by
him or her as a result of the infringement of the rights under this Act.
(4) A person who sustains any damage because of the
infringement of his or her rights under this Act may claim damages
against the person responsible for the infringement whether or not
that person has been successfully prosecuted.
80. Offences by companies and other bodies.
(1) Where an offence is committed—
(a) by a body corporate, every director and the secretary of the
body corporate shall be taken to have committed the
offence; and
(b) in the case of a partnership or other body not being a body
corporate, every partner or member shall be taken to have
committed the offence.
62
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents