- (iii) knows or ought reasonably to know that doing so will induce, enable, facilitate or conceal a rights infringement relating to the protected copies.
Action for infringement
414. The rights owner of a protected copy may bring an action in the Court against any person who infringes any provision of this Division in relation to the protected copy.
Limitation of action
415. An action may not be brought in respect of an infringement of any provision of this Division more than 6 years after the infringement takes place.
Remedies
416.—(1) Subject to this section, the remedies that the Court may grant for an infringement of any provision of this Division include—
- (a) an injunction (which may be subject to terms);
- (b) damages;
- (c) an account of profits;
- (d) if the claimant so elects, statutory damages; and
- (e) an order that an offending article in the defendant’s possession or before the court be—
- (i) delivered up and forfeited to the rights owner;
- (ii) destroyed; or
- (iii) otherwise dealt with.
(2) Subject to subsection (3), the remedies in subsection (1)(b), (c) and (d) are mutually exclusive.
(3) Where the Court orders damages (with or without additional damages) under subsection (1)(b) in respect of an infringement of a provision of this Division, the Court may also order an account of profits attributable to the infringement, but only insofar as the profits have not been taken into account in computing those damages.
