72
Supplement to Qfflcial Gazette
[2lstApril2014]
(a)
of damages for the prejudice sutiered as a
consequence of the act of infringement; and
(b)
of expenses caused by the infringement,
which may include legal costs.
(3) The amount of damages referred to under
subsection (2)(a) shall be determined taking into account the
economic and moral prejudice suffered by the owner of the
rights.
(4) The court may, while determining damages under
subsection (2)(a), order the recovery of profits from the
infringer, even when the infhnger did not know or had no
reasonable grounds to know that he was engaged in infi·inging
activity.
(5) Where goods have been found to be infringing
copies, the court may, taking into account the need for
proportionality between the seriousness of the infringement
and the remedy the legitimate interests of third party, order the
destruction or other reasonable disposition of infringing copies
and their packaging, without payment of compensation, in
such a manner as the court considers appropriate, as to avoid
any harm to the rights owner.
(6) The comt may, taking into account the Gonditions
set out in sub-section (2) , order, without payment of
compensation of any sort, the destruction or other reasonable
disposition of materials and implements the predominant use
of which has been the making of infringing copies, in such
manner as the comt considers appropriate, as to minimise the
risks of continuing or subsequent infringements.
(7) The court may, if it considers appropriate, order the
infringer to inform the rights owner of the identity of third
persons involved in the production and distribution of the
infringing goods or rendering of services, and of their channels