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| (c) | by way of trade, exhibiting the article in public, |
unless he satisfies the court that he did not know or had no reasonable grounds of knowing that the making of the article would, if the article had been made in Malaysia by the importer, have constituted an infringement of the copyright.
Action by owner of copyright and relief. 37. (1) Subject to this Act, infringements of copyright shall be actionable 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 are available in any corresponding proceedings in respect of infringement of other proprietary rights.
(2) Where in an action under this section, an infringement of copyright is proved or admitted, and the court, having regard, in addition to all other material considerations to—
| (a) | the flagrancy of the infringement; and | |
| (b) | 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 by virtue of this subsection as the court may consider appropriate in the circumstances.
(3) No injunction shall be issued in proceedings for infringement of copyright which requires a completed or partly built building to be demolished or which prevents the completion of a partly built building.
