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

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