§ 305 — Remedies

305.—(1) Subject to the provisions of this Act, the remedies that the Court may grant for a rights infringement include —(a)

an injunction (which may be subject to terms);

(b)

damages, including additional damages under section 307;

(c)

an account of profits;

(d)

if the claimant so elects, statutory damages in accordance with section 308;

(e)

a delivery up order; and

(f)

a disposal order.

(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 a rights infringement, 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.

—(1) Subject to the provisions of this Act, the remedies that the Court may grant for a rights infringement include —(a)

an injunction (which may be subject to terms);

(b)

damages, including additional damages under section 307;

(c)

an account of profits;

(d)

if the claimant so elects, statutory damages in accordance with section 308;

(e)

a delivery up order; and

(f)

a disposal order.

(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 a rights infringement, 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.