What are the available remedies for copyright infringement?
If copyright has been infringed, the owner of the copyright is entitled to commence an action 1 in the appropriate High Court in Malaysia.
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 are available in any corresponding proceedings in respect of infringement of other proprietary rights.
Where an infringement of copyright is proved or admitted, and the court, having regard, in addition to all other material considerations to:-
- the flagrancy of the infringement; and
- any benefit shown to have accrued to the defendant by reason of the infringement,
is satisfied that effective relief would not otherwise be available to the plaintiff, the court in assessing damages for the infringement, shall have power to award such additional damages as the court may consider appropriate in the circumstances.
- "Action" includes a counterclaim, and reference to the plaintiff and to the defendant in an action shall be construed accordingly.
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