s 116D
In forceRemedies in actions under this Subdivision
Part VRemedies and offences
Division 2AActions in relation to technological protection measures and electronic rights management information
Subdivision BElectronic rights management information
116D Remedies in actions under this Subdivision
(1)
The relief that a court may grant in an action under this Subdivision includes an injunction (subject to such terms, if any, as the court thinks fit) and either damages or an account of profits.
(2)
If, in an action under this Subdivision, the court is satisfied that it is proper to do so, having regard to:
(a)
the flagrancy of the defendant’s actions that are the subject of the action; and
(b)
any benefit shown to have accrued to the defendant as a result of those acts; and
(c)
any other relevant matters;
the court may, in assessing damages, award such additional damages as it considers appropriate in the circumstances.
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