What authority is invested in the High Court ?
Under section 38 of the Copyright Act:
The Court shall have the authority -
a) to grant injunctions to prohibit the committing, or continuation of
committing, of an infringement of any right protected under this Act;
b) to order the impounding of copies of works or sound recordings suspected
of being made or imported without the authorization of the owner of any
right protected under this Act where the making or importation of copies
is subject to such authorization, as well as the impounding of the packaging
of, the implements that could be used for the making of, and the documents,
accounts or business papers referring to, such copies;
c) to order the forfeiture and seizure of all copies of works or sound
recordings manufactured, reproduced, distributed, sold or otherwise used,
intended for use or possessed with intent to use in contravention of section
8 or 22 and all plates, moulds, matrices, masters, tapes, film negatives,
or other articles by means of which such copies of works or sound recordings
may be reproduced, and all electronic, mechanical or other devices for
manufacturing, reproducing, or assembling such copies of works or sound
recordings;
d) to order that the owner of any right protected under this Act whose
right has been infringed, be paid by the infringer, damages adequate to
compensate for the injury suffered as a consequence of the act of infringement,
as well as the payment of expenses caused by the infringement, including
legal costs;
(e) to fix the amount of damages taking into account the pecuniary and
non-pecuniary loss suffered by the owner of the right;
(f) to order an account of the infringer's profits attributable to the
infringement;
(g) where infringing copies exist, to order the destruction or other reasonable
disposition of those copies and their packaging outside the channels of
commerce in such a manner as to avoid harm to the right holder, unless
the owner of the right requests otherwise.
(2) Where the infringer did not know or had no reasonable reason to know
that he was engaged in infringing activity, the Court may limit damages
to the profits of the infringer attributable to the infringement.
(3) Where there is a danger that implements may be used to commit or continue
to commit acts of infringement, the Court shall have the authority, whenever
and to the extent that it is reasonable, to order their destruction or
other reasonable disposition outside the channels of commerce in such a
manner as to minimize the risks of further infringements, including surrender
to the owner of the right.
(4) The Court shall not, in respect of the same infringement, both award
the owner of rights damages and order that he shall be given an account
of profits.
(5) The provisions of subsection (1)(g) shall not be applicable to copies
and their packaging which were acquired by a third party in good faith.
(6) Where there is a danger that acts of infringement may be continued,
the Court shall have the authority to order that such acts not be committed
and the Court shall fix a fine of five thousand dollars for each day on
which the infringement is continued, which fine shall be paid if the order
is not respected.
