130 Unjustified proceedings

(1)

Where a person brings proceedings alleging an infringement of copyright or a contravention of section 226A, a court may, on the application of any person against whom the proceedings are brought,—

(a)

make a declaration that the bringing of proceedings was unjustified:

(b)

make an order for the payment of damages for any loss suffered by the person against whom the proceedings are brought.

(2)

A court shall not grant relief under this section if the person who brought the proceedings proves that the acts in respect of which proceedings were brought constituted, or would have constituted if they had been done, an infringement of the copyright concerned.

(3)

Nothing in this section makes a barrister or solicitor of the High Court of New Zealand liable to any proceedings under this section in respect of any act done in his or her professional capacity on behalf of a client.

Compare: 1994 No 116 s 40; Copyright, Designs and Patents Act 1988 s 253 (UK)

Section 130(1): amended, on 31 October 2008, by section 65 of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).