Plant Varieties (Proprietary Rights) Act, 1980

Provisions relating to infringement proceedings.

18.—(1) (a) In proceedings for the infringement of a plant breeders' rights damages in respect of such an infringement shall not be awarded if the defendant proves that the person infringing the rights was not aware, and had no reasonable grounds for supposing, that the plant variety to which the proceedings relate was the subject of plant breeders' rights, but the person who would, apart from this subsection, be entitled to such damages shall be entitled to an account of profits in respect of the infringement (and to payment of any amount found due on the account) whether or not any other relief is granted by the court.

(b) In proceedings for the infringement of plant breeders' rights it shall be a defence for the defendant to prove that the plaintiff has failed to meet any obligations imposed on him by a licence issued under section 8 of this Act.

(2) In proceedings for an infringement of plant breeders' rights the plaintiff shall be entitled, at his option, to an account of profits in lieu of damages.

(3) Nothing in this section shall be construed as affecting the power of a court to grant an injunction in proceedings for the infringement of plant breeders' rights.