Law library · Sierra Leone · The Trade Marks Act, 2014
Section 47, The Trade Marks Act, 2014
Status not yet checkedThe Trade Marks Act, 2014, Sierra Leone
(1) The owner of a right protected under this Act whoseright has been infringed is entitled to payment, by the defendant, of –
(a) damages suffered as a consequence of the
act of infringement; and
(b) expenses caused by the infringement,
including legal costs.
(2) The amount of damages shall be fixed in accordance
with the relevant provisions of the rules of civil proceedings, taking
into account the importance of–
(a) the material and moral prejudice suffered by
the owner of the right; and
(b) the defendant's profits attributable to the
infringement.
(3) Where infringing copies exist, the Tribunal shall have
the authority to order the destruction or other reasonable disposal of
those copies and their packaging outside the channels of commerce
in such a manner as to avoid harm to the owner of the right unless the
owner of the right requests otherwise.
(4) Where there is a danger that implements may be used
to commit or continue to commit an act of infringement, the Tribunal
shall, whenever and to the extent that it is reasonable, order their
destruction or other reasonable disposal outside the channels of
commerce in such a manner as to minimize the risks of further
infringements, including surrender to the owner of the right.
(5) Where there is a danger that an act of infringement
may be continued, the Tribunal shall -
(a) expressly order that the act shall not be
committed; and
(b) fix a fine which is twice the original fine, which
shall be paid if the order is not respected.
(6) The Tribunal shall have exclusive original jurisdiction
for all civil claims arising from this Act.
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