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(1) Infringement shall consist of the performance of an act which is unlawful as mentioned in section 4.

(2) On the request of the right holder, or of the holder’s licensee if the licensee has requested the right holder to institute court proceedings for a specific relief and the right holder has refused or failed to do so within a reasonable time, the Court may grant an injunction to prevent infringement or an imminent infringement, award damages and grant any other remedy the court considers fit.

(3) Proceedings under subsection (2) may be initiated only after an application for registration of the layoutdesign has been filed with the Registrar.