Act 3 Industrial Property Act 2014 (11) For the purposes of subsection (9), the courts may refuse to grant provisional or definitive injunctions, without prejudice to the payment of damages, where— (a) after the expiration of four years from the date of filing of the patent application or three years from the date of the grant of the patent, the plaintiff or a person with his authorization is not, or has not taken serious preparations for, or has no serious intention to start, commercially exploiting the invention in a manner that meets the demands of the market as to quantity, or at any time if the invention is exploited in a manner that does not meet the demands of the market as to quality; (b) the injunction causes serious harm to the public interest; (c) the patented products or the products manufactured by a patented process are sold by the plaintiff or by a third party with the plaintiff’s consent at prices that are deemed excessive taking into account the average purchasing power of consumers and the specific nature of the needs the products aim at meeting, and there is no competing product on the market; (d) the plaintiff has engaged in inequitable conduct, according to section 8(3); (e) the patent was obtained in contravention of sections 21(6) and 21(7). (12) At any time after ensuring compliance with sections 21(6) and 21(7) of this Act, the patent holder may initiate proceedings on grounds of infringement, under this section. (13) A remedy, shall not be available to the patent holder in respect of any acts done by third parties before the patent holder has ensured compliance with sections 21(6) and 21(7). 81