Civil proceedings

(1) Subject to this Act, infringements of the right of the holder of a breeder’s right shall be actionable in the Court at the suit of the holder of that right. (2) In any proceedings for an infringement, the plaintiff in proceedings for infringement shall be entitled to relief by way of, (a) an injunction to prohibit the committing or continuation of committing an infringement of the holder of the breeder’s right set out in section 17 of this Act; (b) seizure or destruction of which has been produced incontravention of a breeder’s right; and (c) damages taking into account the pecuniary and non-pecuniary loss suffered by the holder of the breeder’s right. 32 (3) Where the person alleged to have infringed a right did not know or could not reasonably be expected to have known that he was engaged in an activity that infringed a right, the Court may limit damages to the profits attributable to the infringement. (4) The Court shall not, in respect of the same infringement, both award the holder of the breeder’s right damages and order that he be given an account of profits. for non- compliance or