Document ID: chunk:federal_register_of_legislation:C2012C00729:section:35
Version: federal_register_of_legislation:C2012C00729
Segment Type: section
Provision Reference: s 35
Character Range: 25299–26071

35  Separate actions in relation to the same infringement

  In an action under section 27 brought by the owner of the EL rights or by the exclusive licensee:
 (a) a judgment or order for the payment of damages in respect of an infringement of those rights shall not be given or made if a final judgment or order has been given or made in favour of the other party directing an account of profits under that section in respect of the same infringement; and
 (b) a judgment or order for an account of profits in respect of an infringement of those rights shall not be given or made if a final judgment or order has been given or made in favour of the other party awarding damages or directing an account of profits under that section in respect of the same infringement.