Singapore legislation

Clause 112

Actions for infringement

(1)

Subject to this Act, the owner of a copyright may bring an action for an infringement of the copyright.

(2)

Subject to this Act, the relief that a court may grant in an action for an infringement of copyright includes an injunction (subject to such terms, if any, as the court thinks fit) and either damages or an account of profits.

(3)

Where, in an action for infringement of copyright, it is established that an infringement was committed but it is also established that, at the time of the infringement, the defendant was not aware, and had no reasonable grounds for suspecting, that the act constituting the infringement was an infringement of the copyright, the plaintiff shall not be entitled under this section to any damages against the defendant in respect of the infringement, but shall be entitled to an account of profits in respect of the infringement whether any other relief is granted under this section or not.

(4)

Where, in an action under this section —

(a)

an infringement of copyright is established; and

(b)

the court is satisfied that it is proper to do so, having regard to —

(i)

the flagrancy of the infringement;

(ii)

any benefit shown to have accrued to the defendant by reason of the infringement; and

(iii)

all other relevant matters,the court may, in assessing damages for the infringement, award such additional damages as it considers appropriate in the circumstances.