The Industrial Property Act, 2001
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(b) when the patent has been granted in respect of a process (i) using the process, or
(ii) doing any of the acts referred to in paragraph (a), in respect of a product
obtained directly by means of the process.
Enforcement of
rights
55.The owner of a patent shall have the right (a) to obtain an injunction to restrain the performance or the likely
performance, by any person without his authorization, of any of the acts
referred to in section 54; and
(b) to claim damages from any person who, having knowledge of the patent,
performed any of the acts referred to in section 54, without the owner’s
authorization.
(c) to claim compensation from any person who, without his authorization,
performed any of the inventions, claimed in the published application, as if a
patent had been granted for that invention:
Provided that the said person, at the time of the performance of the act, had (i) actual knowledge that the invention that he was using was the subject
matter of a published application;
(ii) received written notice that the invention that he was using was the
subject matter of a published application, such application being identified
in the said notice by its serial number.
Right of a prior
user
56 (1) Notwithstanding the provisions of section 54, a patent shall have no
effect against any person (hereinafter referred to as “the prior user”) who, in
good faith, for the purposes of his enterprise or business, before the filing
date or, where priority is claimed, the priority date of the application on
which the patent is granted, and within the territory where the patent
produces its effect, was using the invention or was making effective and
serious preparations for such use; any such person shall have the right, for
the purposes of his enterprise or business, to continue such use or to use the
invention as envisaged in such preparations.
(2) The right of the prior user may only be transferred or devolve together
with his enterprise or business, or with that part of his enterprise or business
in which the use or preparations for use have been made.
Scope of
protection
57.The scope of protection shall be determined by the terms of the claims
but the description and the drawings included in the patent may be used to
interpret the claims.
Limitation of
rights
58. (1) The rights under the patent shall extend only to acts done for