34
No. 10
Patents and Industrial Designs Act
2012
No. 10
Patents and Industrial Designs Act
(b) � a substantial likelihood exists that the product
was made by the process and the owner of
the patent has been unable through
reasonable efforts to determine the process
actually used.
(b) � damages; or
(d) � any other remedy in law.
Legal
proceedings
by licensee.
73. Any person who knowingly does anything which
constitutes an infringement as defined in section 71 commits an
offence and is liable on conviction to a fine not exceeding
Le60,000,000.00 or to imprisonment for a term not exceeding one year
or to both the fine and imprisonment.
74. (1) An exclusive licensee within the meaning of subsection
(2) of section 63 may, by registered letter, request the owner of the
patent or industrial design to institute legal proceedings for a specific
relief with respect to any infringement specified by the licensee.
(2) The licensee may, if the owner of the patent or industrial
design refuses to institute legal proceedings within three months
from the request, after giving notice to the owner of the patent or
industrial design, institute such proceedings in his own name; and
the owner of the patent or industrial design may join in the
proceedings.
(3) Before the end of the three months period referred to in
subsection (2), the Court may, on the request of the licensee, grant an
appropriate injunction to prevent infringement or to prohibit its
continuation, where the licensee shows that immediate action is
necessary to avoid substantial damage.
Burden of
proof.
75. (1) For the purposes of civil proceedings, in respect of the
violation of the right of the owner of the patent referred to in section
71, where the subject-matter of the patent is a process for obtaining
a product, a burden of establishing that the product was not made by
the process shall be on the alleged infringer if either of the following
conditions is fulfilled:-
35
(a) � the product is new; or
(a) � an injunction to prevent an imminent
infringement or to prohibit the continuation
of the infringement;
Criminal
proceedings.
2012
(2) In requiring the production of evidence, the Court
before which the proceedings referred to in subsection (1) take place
shall take into account the legitimate interests of the alleged infringer
in not disclosing his manufacturing and business secrets.
76. The provisions of any international treaty in respect of
industrial property to which Sierra Leone is a party shall apply to
matters dealt with by this Act and, in case of conflict with this Act,
the provisions of the treaty shall prevail.
Application
of
international
treaties
77.
(1) The Minister may by statutory instrument, make Regulations.
regulations for the implementation of this Act.
(2) The regulations may, in particular, provide for the
payment of fees in connection with applications for the grant of
patents and for the registration of industrial designs and matters
related to them.
(3) The Minister shall ensure that the regulations referred
to in subsection (2), in particular with regard to any cost, examination
or publication, do not unreasonably impair the opportunity to seek
and obtain such protection.
78. The Registrar may issue administrative instructions relating Administration
to the procedures under this Act and the regulations as well as to any instructions.
other directions under this Act.
79.
The following enactments are repealed:(a) � United Kingdom Designs (Protection ) Act;
(b)
Patents Act.
Repeals.
Cap. 246
Cap 247