or the plaintiff in making the infringer aware that the design was registered. (4) If it is established, in proceedings for infringement of a registered layout-design, that an infringement was committed and the Tribunal or the court, having regard to¾ (a) the flagrancy of the infringement; and (b) the market value of the layout-design concerned; and (c) any benefit shown to have accrued to the person responsible for the infringement as a result of it; and the need to deter persons from committing further infringements; (d) is satisfied that effective relief would not otherwise be available to the plaintiff or applicant, the Tribunal or the court, as the case may be, shall have power to award such additional damages as it thinks fit. (5) If it is established, in proceedings for an infringement of a registered layoutdesign, that an infringement was committed but that at the time of the infringement the person responsible for it was not aware and had no reasonable grounds for suspecting that he was not entitled to engage in the infringing activity, the plaintiff or applicant shall not be entitled under this section to any damages against that person in respect of the infringement. (6) Where¾ (a) there has been a change in the proprietorship of a registered layoutdesign, whether through assignment, transmission, operation of law or otherwise; or (b) an exclusive licence has been granted in respect of a registered layoutdesign; the new proprietor or co-proprietor or the exclusive licensee, as the case may be, shall not be entitled to recover damages for any infringement of that design which occurred during the period from the change in the proprietorship or the grant of the exclusive licence, as the case may be, until the change or the grant was registered in terms of section twenty-two, unless the registration was effected within six months of the change or the grant. 41 Anton Piller orders (1) If a person who has instituted or intends instituting proceedings for an infringement of a registered layout-design satisfies the Tribunal or a court that, prima facie— (a) he has a cause of action against another person which he intends to pursue; and (b) the other person has in his possession documents or other things of whatsoever nature which constitute evidence of great importance in substantiation of that cause of action; and (c) there is a real and well-founded apprehension that the documents or other things may be hidden, destroyed or rendered inaccessible before discovery can be made in the usual way; the Tribunal or court, as the case may be, may make such order as it considers necessary or appropriate to secure the preservation of the documents or things as evidence. (2) An order in terms of subsection (1) may be granted without notice to the person who is allegedly in possession of the documents or other things to which the order relates, and the Tribunal or court may sit in camera for the purpose of hearing an application for such an order: Provided that the Tribunal or Court shall not grant an order without such notice unless it is satisfied that there is a real possibility that the documents or things will be hidden, destroyed or rendered inaccessible if notice is given. (3) An order in terms of subsection (1) may be granted on such conditions, including the giving of security by the applicant, as the Tribunal or court may fix. (4) This section shall not be taken to limit any power a court may have under its ordinary jurisdiction to grant orders such as are referred to in this section. 42 Remedy for groundless threats of infringement proceedings