Civil Remedies. Whenever it is necessary for any tenant to file a court action to recover the payment of rent which was in excess of the maximum lawful rent allowed by the provisions of this chapter, or to collect any relocation fee provided for in this chapter, or whenever it is necessary for the tenant to defend against any wrongful action filed in court against the tenant by the landlord to recover the possession of the tenant's apartment unit, the landlord shall be liable to the tenant for damages in the amount of five hundred dollars ($500.00) or not more than three (3) times the amount by which the payment or payments demanded, accepted, received, or retained exceed the lawful amount of rent or relocation fees due to the tenant, whichever is greater. The prevailing party in any such suit shall be entitled to reasonable attorney fees and costs as determined by the court.
Civil Remedies. In addition to criminal sanctions, the ELC, including its employees, agents, contractors, subcontractors, affiliates or any other individual who breaches the confidentiality requirements of this agreement or applicable laws, are subject to any and all civil remedies available to the Office and the state of Florida.
Civil Remedies. (a) An educational institution has a right of action 5 against an athlete agent or a former student-athlete for 6 damages caused by a violation of this Act. In an action 7 under this section, the court may award to the prevailing 8 party costs and reasonable attorney's fees.
Civil Remedies. (1) An educational institution has a right of action against an athlete agent or a former student-athlete for damages caused by a violation of this chapter. In an action under this section, the court may award to the prevailing party costs and reasonable attorney's fees.
(2) Damages of an educational institution under Subsection (1) include losses and expenses incurred because, as a result of the conduct of an athlete agent or former student-athlete, the educational institution was injured by a violation of this chapter or was penalized, disqualified, or suspended from participation in athletics by a national association for the promotion and regulation of athletics, by an athletic conference, or by reasonable self- imposed disciplinary action taken to mitigate sanctions likely to be imposed by such an organization.
(3) A right of action under this section does not accrue until the educational institution discovers or by the exercise of reasonable diligence would have discovered the violation by the athlete agent or former student-athlete.
(4) Any liability of the athlete agent or the former student-athlete under this section is several and not joint.
(5) This chapter does not restrict rights, remedies, or defenses of any person under law or equity.
Civil Remedies. In connection with the civil judicial proceedings described in Article 20.71 (Civil Protection and Enforcement), each Party shall provide that its judicial authorities have the authority at least to order: (a) injunctive relief that conforms to Article 44 of the TRIPS Agreement against a person that misappropriated a trade secret; and (b) a person that misappropriated a trade secret to pay damages adequate to compensate the person lawfully in control of the trade secret for the injury suffered because of the misappropriation of the trade secret81 and, if appropriate, because of the proceedings to enforce the trade secret. Footnote 81 For greater certainty, a Party may provide that the determination of damages is carried out after the determination of misappropriation.
Civil Remedies. Each Party shall provide that:
(a) in civil judicial proceedings, its judicial authorities shall have the authority to order the infringer, who knowingly or with reasonable grounds to know engaged in infringing activity of intellectual property rights, to pay the right holder damages adequate to compensate for the actual injury the right holder has suffered as a result of the infringement;
(b) in determining the amount of damages for intellectual property rights infringement, its judicial authorities shall consider, inter alia, the actual damage, or establishing a fair licence fee or other legitimate measure of value that the right holder presents, according to domestic legislation;
(c) in order to create an effective deterrent to infringement, the judicial authorities shall have the authority to order that goods that they have found to be infringing be, without compensation of any sort, disposed of outside the channels of commerce in such a manner as to avoid any harm caused to the right holder, or, unless this would be contrary to existing constitutional requirements, destroyed. The judicial authorities shall also have the authority to order that materials and implements the predominant use of which has been in the creation of the infringing goods be, without compensation of any sort, disposed of outside the channels of commerce in such a manner as to minimize the risks of further infringements. In considering such requests, the need for proportionality between the seriousness of the infringement and the remedies ordered as well as the interests of third parties shall be taken into account. In regard to counterfeit trademark goods, the simple removal of the trademark unlawfully affixed shall not be sufficient, other than in exceptional cases, to permit release of the goods into the channels of commerce; and
(d) without prejudice to other rights of action open to the right holder and subject to the right of the defendant to seek review by a judicial authority, competent authorities shall have the authority to order the destruction or disposal of infringing goods in accordance with the principles set out in subparagraph (c). In regard to counterfeit trademark goods, the authorities shall not allow the re-exportation of the infringing goods in an unaltered state or subject them to a different customs procedure, other than in exceptional circumstances.
Civil Remedies. 1. Each Party shall make available to right holders civil judicial procedures concerning the enforcement of any intellectual property right covered in this Annex.
2. Each Party shall provide that:
(a) in civil judicial proceedings, its judicial authorities have the authority to order the infringer who, knowingly or with reasonable grounds to know, engaged in infringing activity of intellectual property rights, to pay the right holder damages adequate to compensate for the actual injury the right holder has suffered as a result of the infringement;
(b) in appropriate cases, in determining the amount of damages for intellectual property rights infringement, its judicial authorities may, inter alia, consider any legitimate measure of value that may be submitted by the right holder. Such measures of value to be considered by judicial authorities include, but are not limited to, the actual damage, lost profits or any profits made by the infringer; and
(c) its judicial authorities have the authority to order the infringer to pay the right holder legal costs.
3. Each Party shall provide that, in civil judicial proceedings with regard to the enforcement of intellectual property rights, its judicial authorities have the authority to order a party to desist from an infringement, inter alia, to prevent the entry into the channels of commerce in their jurisdiction of imported goods that involve the infringement of an intellectual property right, immediately after customs clearance of such goods.
4. Each Party shall provide that its judicial authorities have the authority to order prompt and effective provisional measures:
(a) to prevent infringements of intellectual property rights from occurring, and in particular to prevent the entry of goods into channels of commerce in their jurisdiction, including imported goods immediately after customs clearance; and
(b) to preserve relevant evidence with regard to the alleged infringement.
5. The Parties’ judicial authorities shall have the authority to adopt provisional measures inaudita altera parte, where appropriate, in particular where delay is likely to cause irreparable harm to the right holder, or where there is a demonstrable risk of evidence being destroyed. On request for provisional measures, the Parties agree that their judicial authorities should act expeditiously and take a decision without undue delay.
Civil Remedies. (1) In any suit brought under the provisions of 5 U.S.C. § 552a(g)(1)(C) or (D) in which the court determines that the parties subject to this Agreement acted in a manner which was intentional or willful, shall be liable in an amount equal to the sum of —
Civil Remedies. 1. Each Party shall make available to right holders civil judicial procedures concerning the enforcement of any intellectual property right covered in this Annex.
2. Each Party shall ensure that:
(a) in civil judicial proceedings, its judicial authorities have the authority to order the infringer, who knowingly or with reasonable grounds to know engaged in infringing activity of intellectual property rights, to pay the right holder damages adequate to compensate for the actual injury the right holder has suffered as a result of the infringement; and
(b) in determining the amount of damages for intellectual property rights infringement, its judicial authorities shall consider, inter alia, the actual damage, lost profits, any profits made by the infringer or establishing a fair licence fee.
3. At least in cases of copyright or related right infringement and trademark counterfeiting, each Party shall provide that its judicial authorities have the authority to order the infringer to pay the right holder the infringer’s profits that are attributable to the infringement.
