6.6 RELIEF (section 56(3))

If the Court is satisfied that an infringement has occurred it can grant relief to the grantee in terms of an injunction (with or without conditions) ordering the person to stop the infringement, and, at the option of the plaintiff (grantee), either damages or an account of profits.

It is important that the grantee carefully examines whether it would be better off with damages or an accounting of profits.

In Schmeiser v Monsanto 2004 1 SCR the Canadian Supreme Court would not allow Monsanto damages as it had opted for an accounting of profits (para 100), which were minimal in this case as Mr Schmeiser had not obtained a higher price for the Monsanto variety than for the public domain varieties that he had grown.

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