(2) Damages for infringement of plant breeders rights may, at the option of the person seeking them, be calculated on the basis of the amount that a licensee would reasonably have been expected to pay under the circumstances for his use of the rights concerned: Provided that, if the person seeking damages intends to exercise this option, he shall give notice of his intention, in writing, to any licensee of the rights concerned. (3) In determining the amount of damages in an action for infringement of plant breeders rights, the court concerned shall take the following factors into account, in addition to all other material considerations— (a) the extent and nature of the infringement; and (b) the market value of the rights concerned; and (c) the amount which could be payable to the holder of the rights or his assignee in respect of the use of the rights by some other peon; and (d) any dilatory conduct on the part of the holder of the rights or the plaintiff in making the infringer aware that the rights were registered. (4) If it is established, in proceedings for infringement of plant breeders rights, that an infringement was committed and the court, having regard to— (a) the flagrancy of the infringement; and (b) the market value of the rights 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 infringement of plant breeders rights, 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. [inserted by Act 11 of 2001 with effect from 27 July, 2001] 25D Anton Piller orders (1) If a person who has instituted or intends instituting proceedings for an infringement of plant breeders rights satisfies 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 court 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 court may sit in camera for the purpose of hearing an application for such an order: Provided that the court shall not grant an order without such notice unless it is satisfied that there is a real possibility that 6the documents or things will be hidden,