Revised Laws of Saint Lucia (2021)

35.   Action by owner of copyright for infringement

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    (1)   Subject to this Act, infringements of copyright shall be actionable in the High Court at the suit of the owner of the copyright; and in any action for such an infringement all such relief by way of damages, injunction, accounts or otherwise shall be available to the plaintiff as is available in any corresponding proceedings in respect of the infringements of other proprietary rights.

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    (2)   Where, in an action for infringement of copyright, it is proved or admitted that—

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      (a)     an infringement was committed; but

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      (b)     at the time of the infringement the defendant was not aware, and had no reasonable grounds for suspecting, that copyright subsisted in the work to which the action relates,

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    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.

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    (3)   Where in an action under this section an infringement of copyright is proved or admitted, the court, having regard (in addition to all other material considerations) to the flagrancy of the infringement, shall have power in assessing damages for the infringement, to award such additional damages as the court may consider appropriate in the circumstances.

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

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

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