available in any corresponding proceedings in respect of infringement of other proprietary rights.

        (2)   Where in an action under this section, an infringement of copyright is proved or admitted, and the court, having regard, in addition to all other material considerations to ------

                (a)   the flagrancy of the infringement; and

                (b)   any benefit shown to have accrued to the defendant by reason of the 
                        infringement,

is satisfied that effective relief would not otherwise be available to plaintiff, the court in assessing damages for the infringement, shall have power to award such additional damages by virtue of the subsection as the court may consider court may consider appropriate in the circumstances.

         (3)   No injunction shall be issued in proceedings for infringement of copyright which requires a completed or partly built building to be demolished or which prevents the completion of a partly built building.

         (4)   For the purpose of this section and section 38 ------

                 (a)    "action" includes a counter-claim, and reference to the plaintiff and to 
                          the defendant in an action shall be construed accordingly; and

                 (b)    "court" means the appropriate High Court in Malaysia.

          (5)   For the purpose of this section, owner of the copyright means the first owner or an assignee, as the case any be, of the relevant part of the copyright.

38.    Proceedings in case of copyright subject to exclusive license.

          (1)   This section shall have effect as to proceedings in the case of any copyright in respect of which an exclusive license has been granted and is in force at the time of the events to which the proceedings relate.

          (2)   Subject to this section, the exclusive licensee shall (except against the owner of the copyright) have the same rights of action, and be entitled to the same remedies, under section 37 as if the license had been an assignment, and those rights and remedies shall be concurrent with the rights and remedies of the owner of the copyright under that section.