Document ID: chunk:federal_register_of_legislation:C2014C00180:clause:5_29
Version: federal_register_of_legislation:C2014C00180
Segment Type: clause
Provision Reference: sch 5 cl 29
Character Range: 100369–101069

29  At the end of section 126
Add:
 (2) A court may include an additional amount in an assessment of damages for an infringement of a registered trade mark, 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 registered trade marks; and
 (c) the conduct of the party that infringed the registered trade mark that occurred:
 (i) after the act constituting the infringement; or
 (ii) after that party was informed that it had allegedly infringed the registered trade mark; and
 (d) any benefit shown to have accrued to that party because of the infringement; and
 (e) all other relevant matters.