Intellectual Property Act, No. 36 of 2003
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(ii) to order the impounding of copies of works
or sound recordings suspected of being made
sold, rented or imported without the
authorization of the owner of any right
protected under this Part where the making,
selling, renting or importation of copies is
subject to such authorization, as well as the
impounding of the packaging of, the
implements that could be used for the
making of, and the documents, accounts or
business papers, referring to, such copies.
(b) The Court shall in addition have the jurisdiction to
order the payment by the infringer, of damages for the loss
suffered as a consequence of the act of infringement, as well
as the payment of expenses caused by the infringement,
including legal costs. The amount of damages shall be fixed
taking into account inter alia, the importance of the material
and moral prejudice suffered by the owner of the right, as
well as the importance of the infringer’s profits attributable
to the infringement. Where the infringer did not know or
had no reasonable cause to know that he or it was engaged
in infringing activity, the court may limit damages to the
profits of the infringer attributable to the infringement or to
pre established damages.
(c) The Court shall have the authority to order the
destruction or other reasonable manner of disposing of copies
made in infringement of any right protected under this Part
if available and their packaging outside the channels of
commerce in such a manner as would avoid harm to the
owner of the rights, unless he requests otherwise. The
provisions of this section shall not be applicable to copies
and their packaging which were acquired by a third party in
good faith.
(d) Where there is a danger that implements may be used
to commit or continue to commit acts of infringement, the
Court shall, whenever and to the extent that it is reasonable,
order their destruction or other reasonable manner of disposing
of the same outside the channels of commerce in such a manner
as to minimize the risks of further infringements, including
surrender to the owner of the rights.
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