Document ID: chunk:federal_register_of_legislation:C2021C00502:clause:2_222
Version: federal_register_of_legislation:C2021C00502
Segment Type: clause
Provision Reference: sch 2 cl 222
Character Range: 107104–107750

222  After subsection 56A(3)
Insert:
 (3A) The Federal Circuit Court may include an additional amount in an assessment of damages for an infringement of PBR, if the Court considers it appropriate to do so having regard to:
 (a) the flagrancy of the infringement; and
 (b) the need to deter similar infringements of PBR; and
 (c) the conduct of the party that infringed the PBR that occurred:
 (i) after the act constituting the infringement; or
 (ii) after that party was informed that it had allegedly infringed the PBR; and
 (d) any benefit shown to have accrued to that party because of the infringement; and
 (e) all other relevant matters.