Patents [CAP.400 53 invention bearing the date of and having the same effective date as the opposed application be granted to the applicant concerned. (3) No action shall be brought for any infringement of a patent committed­ (a) in the .ase ora patent granted under subsection (1), before the date of sealing thereof: or (h) in the case of a patent granted under subsection (2), before the date of advertisement of acceptance of the complete specification lodged in pursuance of the application for such patent. (As amended by C.N. No. 185 of 1964 and Act No. 18 of 1980) 52. (I) A patentee may at any time by notice given to the Registrar offer to surrender his patent. Surrender of patents (2) Where such an offer is made, the patentee shall advertise the offer in the prescribed manner, and within the prescribed period after such advertisement any person interested may give notice to the Registrar of opposition to the surrender. (3) Where any such notice of opposition is duly given, the Registrar shall notify the patentee. (4) If the Registrar is satisfied. after hearing the patentee and any opponent, if desirous of being heard, that the patent may properly be surrendered. he may accept the offer and by order revoke the patent. (5) An appeal shall lie from any decision of the Registrar under this section. PART VII INFRINGEMENTS 53. (I) An action for infringement of a patent may only beinsti­ tuted by the patentee or the exclusive licensee. Such action shall be heard and determined by the Court and, subject to the provisions of any rules made under section eighty-one, the following provisions shall apply in connection therewith, namely: (a) any ground upon which a patent may be revoked under this Act may be relied upon by way of defence; (b) the defendant may. by way of counter-claim in the action. apply for the revocation of the patent; (c) (he plaintiff shall. with his statement of claim or declaration or on (he order of the Court at any subsequent time, deliver full particulars of the infringement complained of: Procedure and conditions in action for infringement

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