Copyright Bill, 2000 - Remedies for infringement of economic rights Clauses 36 to 40 deal with remedies for infringement of economic rights and they provide as follows: "Action by owner of copyright for infringement 36. (1) Subject to this Act, infringements of copyright shall be actionable in the Supreme Court at the suit of the owner of the copyright; and in any action for such an infringement all such relief by way of damages, injunction, accounts or otherwise shall be available to the plaintiff as is available in any corresponding proceedings in respect of the infringements of other proprietary rights. (2) Where, in an action for infringement of copyright, it is proved or admitted that: (a) an infringement was committed, but (b) at the time of the infringement the defendant was not aware, and had no reasonable grounds for suspecting, that copyright subsisted in the work to which the action relates, the plaintiff shall not be entitled under this section to any damages against the defendant in respect of the infringement but shall be entitled to an account of profits in respect of the infringement whether any other relief is granted under this section or not. (3) Where an action under this section for an infringement of copyright is proved or admitted, the Court, having regard (in addition to all other material considerations) to the flagrancy of the infringement, and to any benefit accruing to the defendant by reason of the infringement, shall have power in assessing damages for the infringement, to award such additional damages as the Court may consider appropriate in the circumstances. (4) In an action for infringement of copyright in respect of the construction of a building, no injunction or other order shall be made: (a) after the construction of the building has been begun, so as to prevent it from being completed; or (b) so as to require the building in so far as it has been constructed, to be demolished. Order for delivery up in civil proceedings 37. (1) Subject to the provisions of this section, where a person (a) in the course of his business, has an infringing copy of a work in his possession, custody or control; or (b) has in his possession, custody or control an article specifically designed or adapted for making copies of a particular protected work, knowing or having reason to believe that it has been or is being used to make infringing copies, the copyright owner may apply to the Court for an order that the infringing copy or article be delivered up to him or to such other person as the court may direct. (2) An application under subsection (1) shall not be made after the end of the period specified in section 136; and no order shall be made unless the Court also makes, or it appears to the Court that there are grounds for making an order under section 135 for the disposal of the infringing copies. (3) A person to whom an infringing copy or other article is delivered up pursuant to an order made under this section shall, if an order under section 135 is not made, retain it until an order or decision is made by the Court under that section. Right to seize infringing copies, etc. 38. (1) Subject to any decision of the court under section 135, and to the conditions specified in subsections (2), (3) and (4) below, an infringing copy of a work which is found exposed or otherwise immediately available for sale or hire, and in respect of which the copyright owner would be entitled to apply for an order under section 37 may be seized and detained by him or a person authorised by him. (2) Before anything is seized under this section notice of the time and place of the proposed seizure shall be given to a local police station. (3) At the time that anything is seized under this section there shall be left at the place where it was seized a notice in the prescribed form containing the prescribed particulars as to the person by whom or on whose authority the seizure is made and the grounds on which it is made. (4) In this section "premises" includes land, buildings, fixed or moveable structures, vehicles, vessels and aircraft. Wide injunction available to licensing bodies. 39. Where, in an action under this Part: (a) the infringement of copyright is proved or admitted, and (b) the plaintiff is a licencing body (as defined in section 88), and (c) the Court, having regard to all material circumstances, is satisfied that effective relief would not otherwise be available to the plaintiff, the Court may grant an injunction extending to all the protected works, of which the plaintiff is the owner of the copyright, notwithstanding that the infringement related to only one or some of the said works. Proceedings in case of copyright subject to exclusive licence 40. (1) For the purpose of this section, the expression: "exclusive licence" means a licence in writing, signed by or on behalf of an owner or perspective owner of copyright, authorising the licensee, to the exclusion of all other persons, including the grantor of the licence, to exercise a right which by virtue of this Act would (apart from the licence) be exercisable exclusively by the owner of the copyright; and "exclusive licensee" shall be construed accordingly; "if the licence had been an assignment" means if, instead of the licence, there had been granted (subject to terms and conditions corresponding as nearly as may be with those subject to which the licence was granted) an assignment of the copyright in respect of its or their application to the doing, at the places and times authorised by the licence, of the acts so authorised; and "the other party", in relation to the owner of the copyright, means the exclusive licensee, and, in relation to the exclusive licensee, means the owner of the copyright. (2) This section shall have effect as to proceedings in the case of any copyright in respect of which an exclusive licence has been granted and is in force at the time of the events to which the proceedings relate. (3) Subject to the following provisions of this section, the exclusive licensee shall (except against the owner of the copyright) have the same rights of action, and be entitled to the same remedies, under section 36 as if the licence had been an assignment, and those rights and remedies of the owner of the copyright under that section. (4) Where an action is brought either by the owner of the copyright or by the exclusive licensee, and the action, in so far as it is brought under section 36, relates (wholly or partly) to an infringement in respect of which they have concurrent rights of action under that section, the owner or licensee, as the case may be, shall not be entitled, except with the leave of the Court, to proceed with the action, in so far as it is brought under that section and relates to that infringement, unless the other party is either joined as a plaintiff in the action or added as a defendant; but this subsection shall not affect the granting of an interlocutory injunction on the application of either of them. (5) In any action brought by the exclusive licensee by virtue of this section, any defence which would have been available to a defendant in the action, if this section had not been enacted and the action had been brought by the owner of the copyright, shall be available to that defendant as against the exclusive licensee. (6) Where an action is brought in the circumstances mentioned in sub-section (4) above and the owner of the copyright and the exclusive licensee are not both plaintiffs in the action, the court, in assessing damages in respect of any such infringement as is mentioned in that subsection (a) if the plaintiff is the exclusive licensee, shall take into account any liabilities (in respect of royalties or otherwise) to which the licence is subject; and (b) whether the plaintiff is the owner of the copyright of the exclusive licensee, shall take into account any pecuniary remedy already awarded to the other party under section 36 in respect of that infringement, or, as the case may require, any right of action exercisable by the other party under that section in respect thereof. (7) Where an action, in so far as it is brought under section 36, relates (wholly or partly) to an infringement in respect of which the owner of the copyright and the exclusive licensee have concurrent rights of action under that section, and in that action (whether they are both parties to it or not) an account of profits is directed to be taken in respect of that infringement, then, subject to any agreement of which the Court is aware whereby the application of those profits is determined as between the owner of the copyright and the exclusive licensee, the Court shall apportion the profits between them as the Court may consider just and shall give such directions as the Court may consider appropriate for giving effect to that apportionment. (8) In an action brought either by the owner of the copyright or by the exclusive licensee: (a) no judgement or order for the payment of damages in respect of an infringement of copyright shall be given or made under section 36, if a final judgement or order has been given or made awarding an account of profits to the other party under that section in respect of the same infringement; and (b) no judgement or order for an account of profits in respect of an infringement of copyright shall be given or made under that section, if a final judgement or order has been given or made awarding either damages or an account of profits to the other party under that section in respect of the same infringement. (9) Where, in an action brought in the circumstances mentioned in subsection (4), whether by the owner of the copyright or by the exclusive licensee, the other party is not joined as a plaintiff (either at the commencement of the action or subsequently) but is added as a defendant, he shall not be liable for any costs in the action unless he enters an appearance and takes part in the proceedings. (10) The copyright owner shall notify any exclusive licensee having concurrent rights before applying under section 37 for an order for the delivery up of infringing copies of a work or before exercising the right of seizing under section 38; and the Court may, on the application of the licensee, if it thinks fit, having regard to the licence, make an order under section 37 or make an order prohibiting or permitting the exercise by the copyright owner of the right conferred under section 38." Copyright Bill, 2000 - Remedies for infringement of moral and related rights Clause 46 specifies the remedies available for infringement of moral and related rights and it provides as follows: "Remedies for infringing moral rights, etc. 46. (1) The infringement of a right conferred under sections 15, 16, 17 or 18 is actionable as a breach of statutory duty owed to the person entitled to the right. (2) In an action for infringement of the right conferred by section 16, the Court may, if it thinks it an adequate remedy in the circumstances, grant an injunction on terms prohibiting the doing of any act unless a disclaimer is made on such terms and in such manner as may be approved by the Court, dissociating the author or director from the treatment of the work. (3) Where in any action an infringement of a right referred to in subsection (1) is proved or admitted, the Court may order the defendant to publish such correction in such terms and in such newspaper as the Court may direct." Copyright Bill, 2000 - Remedies for infringement of rights in performances Clauses 118 to 120 specify the remedies available for infringement of rights in performances, and they provide as follows: "Infringement actionable as breach of statutory body 118. An infringement of any of the rights conferred by this Part is actionable by the person entitled to the right as a breach of statutory duty. Order for delivery up of illicit recording in court proceedings 119. (1) Where a person has in his possession, custody or control in the course of a business, an illicit recording of a performance, a person having performer's rights or recording rights under this Part in relation to the performance may apply to the Court for an order that the recording be delivered up to him or to such other person as the Court may direct. (2) An application shall not be made after the end of the period specified in section 136; and no order shall be made unless the Court also makes, or it appears to the Court that there are grounds for making, an order under section 135. (3) A person to whom a recording is delivered up in pursuance of an order under this section shall, if an order under section 135 is not made, retain it pending the making of an order, or the decision not to make an order, under that section. (4) Nothing in this section affects any other power of the Court. Rights to seize illicit recordings 120. (1) Subject to any decision of the Court under section 135 and to the conditions specified in subsections (2), (3) and (4), an illicit recording of a performance which is found exposed or otherwise immediately available for sale or hire, and in respect of which a person would be entitled to apply for an order under section 135 may be seized and detained by him or a person authorized by him. (2) Before anything is seized under this section notice of the time and place of the proposed seizure must be given to a local police station. (3) At the time when anything is seized under this section there shall be left at the place where it was seized a notice in the prescribed form containing the prescribed particulars as to the person by whom or on whose authority the seizure is made and the grounds on which it is made. (4) In this section "premises" includes land, buildings, fixed or movable structures, vehicles, vessels, and aircraft." Copyright Bill, 2000 - Order for disposal of infringing copy or illicit recording Clause 135 confers on the Supreme Court the power to make orders for the disposal of infringing copies or illicit recordings. This Clause provides as follows: "135. (1) An application may be made to the Supreme Court for an order that: (a) an infringing copy or article delivered up in pursuance of an order under section 37 or section 54 or seized and detained in pursuance of the right conferred by section 38 shall be: (i) forfeited to the copyright owner; or (ii) destroyed or otherwise dealt with as the Court may direct; (b) an illicit recording of a performance delivered up in pursuance of an order under section 18 or section 121, or seized and detained in pursuance of the right conferred by section 120 shall be: (i) forfeited to such person having performer's rights or recording rights in relation to the performance as the Court may direct; or (ii) destroyed or otherwise dealt with as the Court thinks fit, or for a decision that no such order should be made. (2) In considering what order (if any) should be made, the Court shall consider whether: (a) where the infringement relates to copyright in a work, whether other remedies available in an action for infringement of copyright would be adequate to compensate the copyright owner and to protect his interests; (b) where the infringement relates to rights conferred under Part VIII, whether other remedies available in an action for infringement of those rights would be adequate to compensate the person or persons entitled to the rights and to protect their interests. (3) Provision shall be made by rules of court as to the service of notice on persons having an interest in the copy or other articles or the recording, as the case may be, and any such person is entitled: (a) to appear in proceedings for an order under this section, (b) to appeal against any order made, whether or not he appeared, and an order shall not take effect until the end of the period within which notice of an appeal may be given or, if before the end of that period notice of appeal is duly given, until the final determination or abandonment of the proceedings on the appeal. (4) Where there is more than one person interested in a copy or other article, or as the case may be, a recording, the Court shall make such order as it thinks just and may (in particular) direct that such copy, article or recording be sold, or otherwise dealt with, and the proceeds divided. (5) If the Court decides that no order should be made under this section, the person in whose possession, custody or control the copy or article or, as the case may be, the recording was before being delivered up or seized is entitled to its return. (6) References in this section to a person having an interest in a copy or other article or a recording include any person in whose favour an order could be made in respect of the copy, article or, as the case may be, recording under this section. Industrial Designs Bill, 2000 The remedies that may be ordered by the Supreme Court for infringements of industrial designs are specified in Clause 24, which provides as follows: "Proceedings for infringement. 24. (1) The registered owner of an industrial design shall, in addition to any other rights, remedies or actions available to him, have the right to institute court proceedings against any person who infringes the industrial design by performing, without his authorization, any of the acts referred to in section 10(2) or who performs acts which make it likely that infringement will occur. (2) In any proceedings under this section, the Court may grant relief by way of: (a) damages; (b) injunction; (c) delivery up or destruction of any infringing product, article or product of which the infringing product forms an inseparable part; or (d) an account of profits derived from the infringement or otherwise as it may deem fit. (3) The Court shall not, in awarding damages under this section, also order, in respect of the same infringement, that the plaintiff be given an account of the profits derived by him from the infringement. (4) In any proceedings under this section, the Court shall have jurisdiction to order the invalidation of the registration of a design on any of the grounds specified in section 14, and any such grounds may be relied upon by way of defence. (5) Any person who intentionally performs an act which constitutes an infringement as defined under subsection (1) commits an offence and is liable to a fine of five thousand dollars or to imprisonment for five years. (6) A licensee who has requested the owner to institute court proceedings for a specific relief and the owner has refused or failed to do so, may also bring an action under this section, and the Court shall grant him any relief specified in subsection (2) above." Patents Bill, 2000 Clause 41(1) to (3) provides the judicial remedies available for an infringement of the rights in a patent. It provides as follows: "41. (1) The owner of the patent shall, in addition to any other right, remedy or action available to him, have the right, subject to sections 33(4), 35, 38 and 42, to institute court proceedings against any person who infringes the patent by performing, without his authorization, any of the acts referred to in section 33(2) or who performs acts which make it likely that infringement will occur. (2) A plaintiff in proceedings for infringement shall be entitled to relief by way of: (a) an injunction; (b) the seizure, forfeiture or destruction of: (i) any infringing product or article, or of any product or article of which the infringing product or article forms an inseparable part; and (ii) any article, instrument or thing by means of which any infringing product or article was produced; (c) damages; (d) an account of the profits derived from the infringement; or (e) any other relief provided for in the general law. (3) The Court shall not, in awarding damages under this section, also order, in respect of the same infringement, that the plaintiff be given an account of the profits derived from the infringement." Additionally, the Court may, on the application of any interested party, invalidate a patent on any of the grounds specified in Clause 47(1). Invalidation of a patent is therefore an additional judicial remedy available to an interested party. Protection of layout-Designs (Topographies) Bill, 2000 Clause 24 of the Bill specifies the judicial remedies obtainable from the Court for an infringement of the rights in a layout-design. It provides as follows: "Infringement 24. (1) An infringement shall consist of the performance of any act which is unlawful under section 6. (2) On the application of the right holder or of a licensee if he has requested the owner to institute court proceedings for a specific relief and the right holder has refused or failed to do so, the Court may as soon as possible: (a) grant an injunction to prevent infringement or an imminent infringement; (b) award damages; (c) order the seizure, forfeiture or destruction of: (i) any infringing layout-design, integrated circuit or any product or article or which the infringing layout-design or integrated design forms an integral part; or (ii) any article, instrument or thing by means of which any such infringing layout-design, integrated circuit or article was produced; or (d) grant any other remedy provided for in the general law." Protection of New Plant Varieties Bill, 2000 Infringements of the right of the holder of a breeder's right are actionable in the Supreme Court at the suit of the holder of that right, and the Court may grant any of the following remedies pursuant to section 44(2), namely: (a) an injunction to prohibit the committing or continuation of committing an infringement of the holder of the breeder's right set out in section 17; (b) forfeiture, seizure or destruction of propagating material which has been produced in contravention of a breeder's right; and (c) damages, taking into account the pecuniary and non-pecuniary loss suffered by the holder of the breeder's right.