Document ID: chunk:federal_register_of_legislation:C2012C00729:section:27
Version: federal_register_of_legislation:C2012C00729
Segment Type: section
Provision Reference: s 27
Character Range: 20367–21719

27  Actions for infringement

 (1) Subject to this Act, the owner of EL rights may bring an action for an infringement of those rights.

 (2) Subject to this Act, the relief that a court may grant in an action for infringement of EL rights includes an injunction (subject to such terms, if any, as the court thinks fit) and either damages or an account of profits.

 (3) Where, in an action for an infringement of EL rights, it is established that an infringement was committed but that, at the time of the infringement, the defendant was not aware, and had no reasonable grounds for suspecting, that the act constituting the infringement was an infringement, the plaintiff is not entitled to any damages against the defendant in respect of the infringement but is entitled to an account of profits in respect of the infringement, whether any other relief is granted or not.

 (4) Where, in an action for infringement of EL rights:
 (a) an infringement is established; and
 (b) the court is satisfied that it is proper to do so, having regard to:
 (i) the flagrancy of the infringement;
 (ii) any benefit shown to have accrued to the defendant because of the infringement; and
 (iii) all other relevant matters;
the court may, in assessing damages for the infringement, award such additional damages as it considers appropriate in the circumstances.