82 No. 7

Copyright and Neighbouring Rights

1999

damages, as against the proprietor of
such enterprise. Further claims which
may arise from other legal provisions
shall not be affected.
41.-(I) If,

in

the

event

of

infringement of a right protected under
this Act, the demands of the injured
party for any injunction (section 37, for
destruction

or rendering the

work

unusable (section 38) or for delivery
(section 39)

are asserted against a

person whose acts of infringement were
neither intentional nor negligent, such
person may simply indemnify in money
to the injured party if execution of the
aforesaid demands would produce for
him a serious and disproportionate injury
and if it may be assumed that the injured
party could accept redness in cash. The
damages payable as aforesaid

Exceptions

Select target paragraph3