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

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