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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