29. Infringement of grant of protection

A grant of protection is infringed by any person who undertakes any act contrary to sections 27 and 28.

Subject to the provisions of this Act, the relief that the Court may grant in an action for an infringement of a grant of protection includes an injunction (subject to such terms, if any, as the Court thinks fit) and either damages or an account of profits.

Where, in an action under this section —

Where, in any action under this section, it is proved or admitted that an infringement was committed but proved by the defendant that, at the time of that infringement, the defendant was not aware and had no reasonable grounds for supposing that it was an infringement, the plaintiff shall not be entitled under this section to any damages against the defendant in respect of that infringement, but shall be entitled instead to an account of profits in respect of that infringement.

Nothing in subsection (4) shall affect any entitlement of a grantee to any relief in respect of the infringement of that grantee’s rights under this Act other than damages.