Singapore legislation
Section 261F
Section 261F
Relief which court may grant
(1)
In an action brought under section 261C(2), the types of relief that the court may grant, if it is satisfied that the defendant has contravened section 261C(1), include —
an injunction (subject to such terms, if any, as the court thinks fit); and
either of the following:
damages;
where the plaintiff has elected for an award of statutory damages in lieu of damages, statutory damages of not more than $20,000.
(2)
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, the act giving rise to the contravention of subsection 261C(1) 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.
(3)
For the purposes of subsection (1)(b)(i), damages include any profits that are attributable to the act giving rise to the contravention of subsection 261C(1).
(4)
In awarding statutory damages under subsection (1)(b)(ii), 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 or during the proceedings;
the need to deter other similar acts; and
all other relevant matters.
(5)
Notwithstanding subsection (1), where, in an action for a contravention of section 261C(1)(b), such contravention is established but it is also established that —
in the case of a device, product or component referred to in section 261C(1)(b)(i), the defendant did not himself promote, advertise or market it, or authorise the promotion, advertising or marketing of it, for the purpose of circumventing the technological measure;
in the case of a device, product or component referred to in section 261C(1)(b)(ii), at the time of the contravention, the defendant was not aware, and had no reasonable grounds for suspecting, that it had only a limited commercially significant purpose or use other than circumventing the technological measure; or
in the case of a device, product or component referred to in section 261C(1)(b)(iii), at the time of the contravention, the defendant was not aware, and had no reasonable grounds for suspecting, that it was designed or made primarily for the purpose of circumventing the technological measure,the plaintiff shall not be entitled, as against the defendant, to any damages or statutory damages for the contravention.
(6)
Notwithstanding subsection (1), where, in an action for a contravention of section 261C(1)(c), such contravention is established but it is also established that —
in the case of a service referred to in section 261C(1)(c)(i), the defendant did not himself promote, advertise or market it, or authorise the promotion, advertising or marketing of it, for the purpose of circumventing the technological measure;
in the case of a service referred to in section 261C(1)(c)(ii), at the time of the contravention, the defendant was not aware, and had no reasonable grounds for suspecting, that it had only a limited commercially significant purpose or use other than to circumvent the technological measure; or
in the case of a service referred to in section 261C(1)(c)(iii), the defendant did not himself perform it, or authorise the performance of it, primarily for the purpose of circumventing the technological measure,the plaintiff shall not be entitled to any damages or statutory damages against the defendant for the contravention. [Aust. 1968, s. 116D]