Act 3
Industrial Property Act
2014
(11) For the purposes of subsection (9), the courts may refuse to
grant provisional or definitive injunctions, without prejudice to the
payment of damages, where—
(a) after the expiration of four years from the date of filing of
the patent application or three years from the date of the
grant of the patent, the plaintiff or a person with his
authorization is not, or has not taken serious preparations
for, or has no serious intention to start, commercially
exploiting the invention in a manner that meets the
demands of the market as to quantity, or at any time if the
invention is exploited in a manner that does not meet the
demands of the market as to quality;
(b) the injunction causes serious harm to the public interest;
(c) the patented products or the products manufactured by a
patented process are sold by the plaintiff or by a third party
with the plaintiff’s consent at prices that are deemed
excessive taking into account the average purchasing power
of consumers and the specific nature of the needs the
products aim at meeting, and there is no competing product
on the market;
(d) the plaintiff has engaged in inequitable conduct, according
to section 8(3);
(e) the patent was obtained in contravention of sections 21(6)
and 21(7).
(12) At any time after ensuring compliance with sections 21(6)
and 21(7) of this Act, the patent holder may initiate proceedings on
grounds of infringement, under this section.
(13) A remedy, shall not be available to the patent holder in
respect of any acts done by third parties before the patent holder has
ensured compliance with sections 21(6) and 21(7).
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