Act 3
Industrial Property Act
2014
PART XVI—INFRINGEMENT
92. Acts constituting infringement.
Subject to sections 44, 49, 59, 60 and 68 any act specified in section
38 or 79 and performed by a person other than the owner of the patent
or of the registered utility model or industrial design without the
owner’s authorisation, in relation to a product or a process falling
within the scope of a validly granted patent or certificate of
registration shall constitute an infringement.
93. Relief.
Upon the request of the owner of the patent or the registered utility
model or an industrial design, the court shall grant, any of the
following reliefs—
(a) an injunction to prevent infringement where infringement is
imminent or to prohibit the continuation of the
infringement once infringement has started.
(b) damages; or
(c) any other remedy provided for in law.
94. Declaration of non-infringement.
(1) Subject to subsection (2), any person who shows a legitimate
interest may request the court to declare that the performance of any
specific act does not infringe the patent or the registered utility model
or industrial design and the owner and any licensee under the patent
or the registered utility model or industrial design shall have the right
to be a defendant in the proceedings.
(2) A declaration shall not be made under subsection (1)—
(a) if the acts to which the request relates are already the
subject of infringement proceedings; or
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