Act 3 Industrial Property Act 2014 (2) The licensee may, if the owner refuses or fails to institute legal proceedings in subsection (1) notify the registrar, and may after three months from the request or refusal, and after giving notice to the owner, institute the proceedings in his or her own name; and the owner may join in the proceedings. (3) Before the end of the three-month period referred to in subsection (2), the court may, on the request of the licensee, grant an appropriate injunction to prevent infringement or to prohibit its continuation, where the licensee shows that immediate action is necessary to avoid substantial damage. PART XVII—SPECIAL PROVISIONS ON ENFORCEMENT OF PATENT RIGHTS 101. Special provisions on enforcement of patent rights. (1) Subject to sections 38, 59, 60, and 68, the performance of any act referred to in section 38(2) in Uganda by a person other than the owner of the patent and without the agreement of the owner shall constitute an infringement of the patent. (2) On the request of the owner of the patent, or of an exclusive licensee, or of a compulsory licensee, or of a non-exclusive licensee if he or she has requested the owner to institute court proceedings for a specific relief and the owner has refused or failed to do so within ninety days, the court may grant an injunction to prevent infringement or an imminent infringement and, where the infringer acted knowingly or with reasonable grounds to know, the court may award damages and grant any other remedy provided for in this Act. (3) The remedies provided to owners of patents in Uganda shall be also available, where appropriate, to the owners of foreign patents that have been the subject of a compulsory licence for the purposes of supplying the market in Uganda of pharmaceutical products, under the scheme established by the Decision of the World Trade Organisation General Council of August 30, 2003, in order to prevent or remedy the unauthorized importation as well as the re-exportation or deviation of the products in question. 79

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