Section 56
Action for infringement
(2)
The registered proprietor shall have the same right of action in subsection (1) against any person who has performed acts which will make it likely that an infringement will occur.
(3)
In an action for an infringement, the Court may grant relief including the following:
(a)
an injunction subject to such conditions as the Court thinks fit which includes to prevent goods that involve the infringement from entering into the channels of commerce;
(b)
damages;
(c)
an account of profits; or
(d)
in any case to which subsection (7) applies, the award of such additional damages as it considers appropriate in the circumstances by the Court.
(4)
Notwithstanding paragraph (3)(a), upon the application of the plaintiff for an interim injunction, when the Court is satisfied that the infringement involves the use of a counterfeit trademark in relation to goods or services, the Court may order—
(a)
the seizure or taking into custody of suspected infringing goods, materials or articles relevant to the infringement; and
(b)
the supply of documentary evidence relevant to the infringement.
(5)
When the Court awards any damages under paragraph (3)(b),
Trademarks 61
the Court may also make an order under paragraph (3)(c) for an account of profits attributable to the infringement that have not been taken into account in computing the damages.
(6)
Except as provided for in subsection (5), the relief referred to in paragraphs (3)(b) and (c) are mutually exclusive.
(7)
In any action for infringement of a registered trademark where the infringement involves the use of a counterfeit trademark in relation to goods or services, the plaintiff shall be entitled, at his election, to—
(a)
damages and an account of profits attributable to the infringement that have not been taken into account in computing the damages;
(b)
an account of profits; or
(c)
additional damages as it considers appropriate in the circumstances.