A.54 Proceedings for infringement of mark (c) bona fide indications or information on characteristics of the goods or services produced or marketed by that person, in particular, those referring to quantity, quality, use, geographical origin or price of the goods or services; (d) a geographical indication registered under this Act; (e) bona fide indications or information on the availability, use, application or compatibility of the goods or services produced or distributed by that person, in particular in relation to spare parts, replacements or accessories if the registered mark is used in good faith to perform legitimate industrial or commercial activities, and is not likely to cause confusion or association in respect of the commercial source of the goods or services. (2) For the purposes of subsection (1) (b), an economic tie shall exist where one of two persons or more involved may exercise directly or indirectly on the other, a decisive influence with respect to the use of the mark, or where a third party may exercise such an influence on both persons. (3) Where a mark consists of a sign composed of several elements, protection shall not extend to the elements that are merely descriptive or are of common or necessary use for the purposes of trade. 83. (1) The owner of a mark shall, in addition to any other rights, remedies or actions available to him or her, have the right to institute court proceedings against any person who infringes the mark by using that mark without his or her authorisation or by performing acts which make it likely that infringement will occur. (2) The right conferred under this section shall extend to the use of a sign similar to the registered mark in relation to goods and services similar to those for which the mark has been registered, where confusion may arise in the public. (3) The right conferred under this section shall extend to the use of a sign which constitutes a reproduction, an imitation or a translation of a registered mark which is well known in Botswana in relation to goods or services which are not similar to those in respect of which a mark is registered where — (a) use of the mark in relation to those goods or services would indicate a connection between those goods or services and the owner of the registered mark; and (b) the interests of the owner of the registered mark are likely to be prejudiced by such use. (4) A plaintiff in proceedings for infringement shall be entitled to relief by way of an interdict, delivery up or destruction of any infringing product, article or product of which the infringing product forms an inseparable part, damages or an account of the profits derived from the infringement. (5) The court shall not, in awarding damages under this section, also order, in respect of the same infringement, that the plaintiff be given an account of the profits derived by him or her from the infringement.