Patents
[No. 40 of 2016
78. It is not an infringement of a patentee’s right in a patent if—
(a) the reproduction of the patented invention is done by a
person for private and not commercial exploitation
purposes;
(b) the reproduction of the patented invention is done by a
person for the sole purpose of evaluation, analysis,
research or teaching; or
(c) a person uses the results of an evaluation, analysis or
research, which involves a patented invention, to create
a different invention that complies with the requirements
of section fifteen.
79. (1) A patentee or exclusive licensee shall have the right
to commence court proceedings against a person who is alleged to
have infringed or is performing any act likely to cause an
infringement of a patentee’s right in a patent.
(2) A person alleged to have infringed the patentee’s right may,
in proceedings for infringement, counterclaim for the revocation of
the patent, relaying on any ground on which a patent may be
revoked.
(3) A patentee or licensee shall, before commencing court
proceedings, referred to in subsection (1), give notice to any other
holder of a licence under such patent whose name appears in the
Register.
(4) A person notified, in accordance with subsection (3), may
join as a co-plaintiff to the court proceedings referred to in
subsection (1).
(5) Despite subsection (1), infringement proceedings shall not
be heard by the court unless the proceedings are commenced within
a period of five years from the date on which the facts giving rise
to such proceedings became known to the patentee or an exclusive
licensee, except that, the court may, in its absolute discretion, allow
proceedings to be commenced after five years.
(6) Notwithstanding subsection (1), court proceedings shall not
be commenced in respect of any infringement committed before
the date of publication, by the Registrar, of an acceptance of an
application for the grant of a patent.
80. On an application for infringement, by a patentee or an
exclusive licensee, the court may grant any of the following reliefs:
(a) an injunction to prevent an infringement of the patentee’s
or exclusive licensee’s right, where infringement is
imminent, or to prohibit the continuation of an
infringement;
(b) an order that the infringing product or article be delivered up;
835
Noninfringement
acts
Right to
commence
proceedings
for
infringement
Remedies for
infringement
اختر الفقرة المستهدفة3
الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات