Act 8 Geographical Indications Act 2013 (3) The owner of a geographical indication is entitled to recover— (a) the defendant’s profits attributable to the infringement; and (b) any damages he or she has sustained attributable to the infringement. (4) There shall be no double recovery for profits under subsection (3)(a) and damages under subsection (3)(b). (5) In assessing profits, the plaintiff shall be required to prove the defendant’s sales only and the defendant shall prove all elements of cost or deduction. (6) In assessing damages, the court may enter a judgment for a sum above the amount found as actual damages not exceeding three times the amount. (7) Where the court finds that the amount of recovery based on profits is either inadequate or excessive, the court may, in its discretion, enter judgment for the sum as it determines is fair according to the circumstances of the case. 22. Orders of court. Except as expressly provided to the contrary, the use in Uganda of a geographical indication in a manner specified under section 4 shall be punishable as follows— (a) for commercial use, by a fine not exceeding forty eight currency points; (b) for repeated offences, the court may order a fine not exceeding one hundred and forty currency points; and (c) by imprisonment for a term not exceeding two years where the court finds that— (i) the offence has resulted in harm to individuals or damage to property; or (ii) the person committing the offence has previously been fined for contravening section 4. 18