Singapore legislation
Section 261
Section 261
Relief which court may grant
(1)
In an action brought under section 260, the types of relief that the court may grant if it is satisfied that the defendant has carried out or is carrying out an act referred to in section 260(2), (3) or (4) (referred to in this section as a relevant act) include the following:
an injunction (subject to such terms, if any, as the court thinks fit);
damages;
an account of profits;
where the plaintiff has elected for an award of statutory damages in lieu of damages or an account of profits, statutory damages of not more than $20,000.
(2)
When the court awards any damages under subsection (1)(b) in respect of a relevant act, the court may also make an order under subsection (1)(c) for an account of any profits attributable to the relevant act that have not been taken into account in computing the damages.
(3)
Except as provided for in subsection (2), the types of relief referred to in subsection (1)(b), (c) or (d) are mutually exclusive.
(4)
In awarding statutory damages under subsection (1)(d) in respect of any relevant act, the court shall have regard to —
the nature or purpose of the act concerned, including whether the act was of a commercial nature or otherwise;
the flagrancy of the act;
whether the defendant acted in bad faith;
any loss that the plaintiff has suffered or is likely to suffer by reason of the act;
any benefit shown to have accrued to the defendant by reason of the act;
the conduct of the parties before and during the proceedings;
the need to deter other similar acts; and
all other relevant matters.
(5)
In addition to the relief referred to in subsection (1), the court may order that any article —
by means of which, or in relation to which, a relevant act was or is being carried out; and
which is in the possession of the defendant or before the court,be delivered up to the plaintiff or destroyed. [Aust. 1968, s. 116D]