54 CAP. 400]
Patents
(d) the defendant shall, with his statement of defence or plea or
on the order of the Court at any subsequent time, deliver
particulars of any objections on which he relies in support
thereof;
(e) at the hearing no evidence shall, except by leave of the
Court, be admitted of any infringement or on any objec
tions of which particulars have not been so delivered;
if) the Court may allow the patentee to amend his specifica
tion, subject to such terms as to costs, advertisement or oth
erwise as it may impose and to the provisions of subsection
(3) of section forty-three.
(2) In any action under this section where an exclusive licensee is
the plaintiff, the patentee shall, unless he is joined as plaintiff in such
action, be added as defendant:
Provided that a patentee so added as defendant shall not be liable
for any costs unless he enters an appearance and takes part in the pro
ceedings.
(3) If the patentee is the plaintiff in any such action, 'he shall give
notice thereof to the exclusive licensee under the patent in question
and any such licensee shall be entitled to intervene as a co-plaintiff
and to recover any damages he may have suffered as a result of the
infringement.
-
(4) No action under this section shall lie in respect of an infringe
ment which took place before the publication referred to in subsec
tion (2) of section twenty-one.
(5) In an action for infringement of a patent, the plaintiff shall be
entitled to relief by way of injunction or interdict and damages and
the Court may, on application, make such order for an injunction,
interdict, damages, inspection or account and impose such terms and
give such directions as it may deem fit.
(6) In an action for infringement of a patent in respect of an inven
tion which relates to the protection of a new substance, any substance
of the same chemical composition and constitution shall in the
absence of proof to the contrary be deemed to have been produced
by the patented process.
(As amended by G.N. No. 185 of 1964)
Relief for
infringement
of partially
valid specifi
cation
54. Where, in any action for the infringement of a patent, the
Court finds that any claim in the specification in respect of which the
infringement is alleged is valid, but that any other claim thereunder
is invalid, then, notwithstanding the provisions of section fifty-three,
the following provisions shall apply, namely:
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