836 No. 40 of 2016] Patents (c) award of damages; (d) account of profits; Order for delivery up (e) payment of royalties; (f) destruction or disposal of infringing products or articles, as the court considers appropriate, in accordance with laws relating to public health and the environment; or (g) any other remedy the court may consider appropriate. 81. (1) Where a person has in the person’s possession, custody or control, for commercial exploitation, a patented invention, a patentee or licensee may apply to the High Court for an order, referred to in section eighty (b), that the patented product or article be delivered to the patentee or licensee or to another person that the High Court specifies. (2) A patentee shall, by post or otherwise, notify an assignee or exclusive licensee who has a concurrent right of action in respect of an infringement of a patented invention before applying for an order for delivery up in accordance with subsection (1). (3) The High Court may, on the application of an assignee or exclusive licensee, make an order for delivery up which the Court considers just, having regard to the terms of the assignment or licence. (4) The High Court shall not make an order for delivery up unless it also makes, or it appears to the Court that there are grounds for making, an order as provided in section eighty-two. Order for forfeiture destruction and disposal (5) A person to whom a patented product or article is delivered up shall retain the patented product or article pending the making of an order, or a decision not to make an order, in accordance with section eighty-two. 82. (1) An application may be made to the High Court for— (a) an order that the patented product or article be delivered up, in accordance with section eighty-one, be forfeited to the patentee or exclusive licensee, destroyed or disposed of as the Court considers appropriate, in accordance with laws relating to public health and the environment; or (b) a decision that no order be made under paragraph (a). (2) In deciding what order or decision to make, in accordance with subsection (1), the High Court shall have regard to whether other remedies available to the plaintiff would be adequate to compensate the plaintiff and protect the interests of the plaintiff.