MiLAWYER

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.

Read the whole lawDownload PDFAsk Tima what this means

Check the current official version before relying on this text. MiLAWYER shares legal information, not legal advice.