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).