Section 108 (1) states that: The remedies against infringement of industrial property rights, made available under this Act include —
(a) Provisional measures;
(b) Civil remedies; and
(c) Criminal remedies.
Section 108 (2) further states that: The holder of industrial property rights or the person authorized by him or her may seek for any or more or all of the remedies referred to in subsection 1.
And Section 108 (3) states that: The Court may order cumulative remedies as it deems appropriate.
5.1 Damages: Section 112 (1) states that: The Court shall order the infringer, who knowingly, or with reasonable grounds to know, engaged in infringing activity, to pay damages adequate to compensate for the injury the rights holder has suffered because of an infringement of his or her industrial property right.
Section 112 (2) states that: In determining the amount of damages awarded to the rights holder, the Court may consider –
(a) The value of the infringed-on goods or service, measured by the suggested retail price or other legitimate measure of value submitted by the right holder;
(b) The loss of earnings incurred by the rights holder;
(c) The unfair profits made by the infringer;
(d) The royalties or fees which would have been due if the infringer had requested authorization to use the industrial property right in question; and
(e) Where appropriate, any moral damages caused to the right holders.
Section 112 (3) states that: The Court shall order the infringer to pay the rights holder’s expenses, which may include appropriate attorney's fees.
Section 112 (4) states that: The Court may, where appropriate, order recovery of profits where the infringer did not knowingly, or with reasonable grounds to know, engage in infringing activity.
5.2 Destruction: Section 113 (3) states that: The Court may, whenever this is considered adequate under the circumstances to create an effective deterrent to further infringement, taking due account of the need for proportionality between the seriousness of the infringement and the remedies and the legitimate interests of third parties, order that the infringing goods be destroyed, or be disposed of outside the channels of commerce, without compensation of any sort, in such a manner as to avoid any harm caused to the rights holder.
5.3 Other Remedies: Section 113 (1) states that: The Court may, upon the request of the applicant, order that goods, materials and implements the predominant use of which has been in the creation of the infringing goods be, without compensation of any sort, disposed of outside the channels of commerce in such a manner as to minimize the risks of further infringements.
Section 113 (2) states that: In considering such requests, the need for proportionality between the seriousness of the infringement and the remedies ordered and the interests of third parties shall be taken into account.
Section 113 (4) states that: In respect of counterfeit goods, the simple removal of the mark or geographical indication unlawfully affixed shall not be sufficient, other than in exceptional cases, to permit release of the goods into the channels of commerce.