Act 3 Industrial Property Act 2014 (e) in connection with licence contracts and contracts assigning patents or patent applications, to refrain from making undesirable provisions referred to in section 55. 40. Remedies. (1) The owner of a patent has the right— (a) to obtain an injunction to restrain the performance or the likely performance, by any person without his or her authorization, of any of the acts referred to in section 38; (b) to claim damages from any person who, having knowledge of the patent, performs any of the acts referred to in section 38, without the owner’s authorization; (c) to claim compensation from any person who, without his or her authorisation, performs any of the inventions claimed in the published application, as if a patent had been granted for that invention. (2) The right under subsection (1) is only exercisable where the person referred to in that subsection has at the time of the performance of the act— (a) actual knowledge that the invention that he or she is using is the subject matter of a published application; or (b) received written notice that the invention that he or she is using is the subject matter of a published application, and the application is identified in that notice by its serial number. 41