96 Government Gazette 23 March 2012 Act No. 1, 2012 No. 4907 INDUSTRIAL PROPERTY ACT, 2012 which the trade mark is registered, that in such use there exists the likelihood of deception or confusion; (c) the unauthorised use in the course of trade in relation to any goods or services of a mark which is identical or similar to a registered trade mark registered, if such trade mark is well known in Namibia and the use of the said mark would be likely to take unfair advantage of, or be prejudicial or detrimental to, the distinctive character or the repute of the registered trade mark, despite the absence of confusion or deception. Infringement proceedings and remedies 183. (1) Where a trade mark registered in terms of this Act has been infringed and legal proceedings are instituted by the registered owner or a licensee as contemplated in section 152, the Tribunal may grant the registered owner or the licensee the following relief, namely – (a) an interdict; (b) an order – (i) for the removal of the infringing mark from all infringing goods or materials; and (ii) where the infringing mark is inseparable or incapable of being removed, an order that all such goods or materials be delivered up to the claimant; (c) damages, including those arising in terms of section 147(8); (d) in lieu of damages, at the option of the claimant, a reasonable royalty which would have been payable by a licensee for the use of the trade mark concerned, including any use which took place after advertisement of the acceptance of an application for registration and which, if taking place after registration, would amount to infringement of the rights acquired by registration. (2) For the purposes of determining the amount of any damages or reasonable royalty to be awarded under this section, the Tribunal may direct an enquiry to be held and may determine such procedures for conducting such enquiry as it may deem fit. (3) Before a person institutes proceedings in terms of this section in respect of the infringement of a trade mark registration he or she must give notice in writing of the intention to do so to the registered owner, if applicable, and to every other registered owner or registered user or licensee concerned whose name is recorded in the register in respect of that registration, and the registered owner or any such other person is entitled to intervene in such proceedings and to recover any damages he or she may have suffered as a result of the infringement.