Patents
[No. 40 of 2016
(3) The High Court shall issue directions as to the service of
notice on persons having an interest in the patented product or
article delivered up.
(4) A person having an interest in the patented product or article
delivered up shall be entitled to—
(a) appear in proceedings for an order under this section,
whether or not the person is served with notice; and
(b) appeal against any order made, whether or not that person
appears in the proceedings.
(5) An order made in accordance with this section shall not
take effect until the end of the period within which notice of an
appeal may be given or, if before the end of that period notice of
appeal is duly given, until the final determination or abandonment
of the proceedings on appeal.
(6) Where there is more than one person interested in the
patented product or article delivered up, the High Court may direct
that the patented product or article be sold, or otherwise dealt with,
and the proceeds divided, subject to any agreement, and shall make
any other order as it considers appropriate.
(7) If the High Court decides that no order should be made in
accordance with this section, the person in whose possession,
custody or control the patent product or article was before being
delivered up is entitled to its return.
83. (1) In proceedings for infringement of a patent for an
invention, damages shall not be awarded, and an order shall not be
made for an account of profits, against a defendant who satisfies
the High Court that at the time of the infringement, the defendant
was not aware, and had no reasonable grounds for supposing that
the patent existed.
(2) A person shall not be taken to be aware or to have
reasonable grounds for supposing that a product is patented by
reason only of the application to a product of the word “patent” or
“patented”, or any word or words expressing or implying that a
patent has been obtained for a product, unless the number of the
patent accompanied the word or words in question.
84. (1) A person who is interested in a protected patent may
apply to the High Court for a declaration, by the Court, of the
performance of a specific act, by the applicant, as not constituting
an infringement of the patentee’s right in the protected patent.
(2) The patentee, an assignee or licensee shall have the right
to be joined as defendants in the proceedings referred to in
subsection (1).
837
Restrictions
on recovery
of
damages for
innocent
infringement
Declaration
of noninfringement
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