Cap. 415 Art. 43Liability for infringement of copyright, neighbouring rights and sui generis rights.

(1) Where any person infringes the copyright, neighbouring rights or rights in respect of a work, he sui generis shall be liable, at the suit of the copyright owner or right holder to be condemned by the Civil Court, First Hall to the payment of damages or to the payment of a fine to be determined in accordance with a scale of fines to be prescribed by the Minister, as the said Court, having regard to the circumstances of the case, may deem proper and to the restitution of all the profit derived from the infringement of the copyright, neighbouring rights or sui generis rights: Provided that where the defendant proves to the satisfaction of the Court that at the time of the infringement he was not aware and could not reasonably be expected to be aware that copyright, neighbouring rights or rights subsisted in the sui generis work to which the action relates, the Court shall not condemn him to the restitution of the profit.

(2) The Civil Court, First Hall may in an action for infringement of copyright, neighbouring rights or sui generis rights having regard to all the circumstances and in particular to the flagrancy of the infringement and any benefit accruing to the defendant by reason of the infringement, award such additional damage as the justice of the case may require.

(3) The Court may, moreover, in a suit instituted under this article, on the application of the plaintiff, order that all the infringing articles still in possession of the defendant be delivered to the plaintiff.

(4) In an action for infringement of copyright in respect of the construction of a building, no prohibitory injunction or other order shall be made -

(a) after the construction of the building has been begun, so as to prevent it from being completed; or

(b) so as to require the building, in so far as it has been constructed, to be demolished.