Act 3
Industrial Property Act
2014
(14) Where the act of infringement is practised by the
government or for the purposes of serving the government the court
shall not issue an injunction other than for obtaining evidence in
control of the infringer, if necessary, without prejudice to the
accounting of damages.
(15) The rights accruing from patents for pharmaceutical
processes shall not be enforceable until January 1, 2016, or such other
period as may be granted to Uganda or least developed countries by
the council responsible for adminstratering the agreement on trade
related aspects of intellectual property under the World Trade
Organisation if alternative processes for making pharmaceutical
products that are not subject to exclusive rights are not available and
those patents, if enforced, indirectly give rise to market exclusivity of
the pharmaceutical products in question.
(16) The court may order the infringer to pay damages relating
to acts of infringement of patent rights practised—
(a) after the date on which the patent application was opened for
public inspection, in accordance with section 29; or
(b) after the date on which the patent applicant gave notice to the
alleged infringer of the contents of the application; or
(c) after the date on which the alleged infringer acquired
knowledge of the contents of the application by any means.
(17) The request for the court to order the payment of damages
under subsection (2) may be filed only after the title of industrial
property right in question is granted.
(18) Subsection (17) shall apply to those applications to which
section 8(3)(f) refers only after January 1, 2016 or such other period
as may be granted to Uganda or least developed countries by the
council responsible for adminstratering the agreement on trade
related aspects of intellectual property under the World Trade
Organisation.
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