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.
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