Act 17
Trademarks Act
2010
(2) A person shall not be taken to have committed an offence
under subsection (1) if he or she proves to the satisfaction of the court
that the offence for which he or she is charged was committed by
some person other than himself or herself and was without his or her
consent or connivance and that he or she exercised all diligence to
prevent the commission of the offence as he or she ought to have
exercised in the circumstances.
PART IX—MISCELLANEOUS
81. Penalties and compensation.
(1) In addition to any punishment imposed by the court in
respect of an offence under this Act in an action for infringement, a
relief by way of damages, injunctions, account of profits or otherwise,
shall be available to the plaintiff as in any other corresponding
proceedings in respect of infringements of other proprietary rights
and in that action the court may give such orders as are necessary to—
(a) enable the plaintiff to obtain evidence of an infringement
which he or she intends to adduce at the trial;
(b) prohibit the defendant from removing his or her assets from
the jurisdiction of the court or otherwise wasting them, to
the extent that those assets are necessary to satisfy the
plaintiff’s claim if he or she succeeds at the trial.
(2) In proceedings to which subsection (1) (a) applies—
(a) a person shall not be excused from answering a question
put to that person or complying with an order made under
that subsection by reason only that to do so would tend to
expose that person or his or her spouse to criminal
proceedings under this Act;
(b) a statement of admission made by a person in answer to a
question put or an order made, in accordance with that
subsection is not admissible in criminal proceedings
brought under this Act against that person or his or her
spouse, except that nothing in this paragraph shall render
that statement or admission inadmissible in proceedings
against that person for perjury or contempt of court.
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