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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