No. 4907 Government Gazette 23 March 2012 Act No. 1, 2012 49 INDUSTRIAL PROPERTY ACT, 2012 (b) an order for any infringing product or process or any article or product of which the infringing product or process forms an inseparable part to be delivered up to the owner ; (c) damages; (d) in lieu of damages, at the option of the owner or licensee, a reasonable royalty which would have been payable by a licensee for the use of the patented invention concerned. (2) For the purposes of determining the amount of any damages or reasonable royalty to be awarded under this section, the Tribunal may direct an enquiry to be held and may prescribe such procedures for conducting such enquiry as it may deem fit. (3) Despite subsection (1), the patent holder or licensee’s sole remedy in situations mentioned in section 55, 56, 57 and 63, is the recovery of adequate remuneration. Declaration of non-infringement 72. (1) In proceedings between any person and the patent owner the Tribunal may, despite that no assertion to the contrary has been made by the patent owner, make a declaration that the use by that person of any process or the making or use or offer to dispose or disposal or importation of any product by that person, does not or would not constitute an infringement of a patent, if it is proved – (a) that such person has applied in writing to the patent owner for a written acknowledgement to the effect of the declaration claimed, and has furnished the patent owner with full particulars of the process or article in question; and (b) that the patent owner has failed to give such an acknowledgement. (2) The costs of all parties to proceedings for a declaration instituted by virtue of this section may be awarded in such manner as the Tribunal may deem fit. Threat of infringement proceedings 73. (1) Any person threatened with infringement proceedings who can prove that the acts performed or to be performed by him or her do not constitute infringement of the patent may request the Tribunal to grant an interdict to prohibit such threats and award damages for financial loss resulting from the threats. (2) Proceedings under subsection (1) may not be instituted after five years from the date of the threats. (3) The mere notification of the existence of a patent does not constitute a threat within the meaning of subsection (1).