(b) Where the description of the invention or the claim or claims in the
patent do not satisfy the requirements of section 13;
(c) where, for the same invention, a patent has been granted in the
Democratic Republic of the Sudan as the result of a prior application or of
an application benefiting trom an earlier priority.
(2) Where the provisions of the preceding subsection affect only part of
the patent, nullity shall be declared in the form of a corresponding
limitation of the claim or claims of the patent.
(3) The Court may require the registered owner of the ptent to submit to
it for the purpose of examination:
(a) the list of publications or earlier patents which may nave been referred
to in connection with either a patent application filed for the same
invention by the registered owner himself or his predecessor in title with
the Patent Office of another country or any proceedings relating to the
patent in questions,
(b) the list of publications or patents mentioned in any report sent to the
registered owner of the patent or his predecessor in title by a
governmental or intergovernmental search institute.
48. Effects of Declaration of Nullity:
(1) A patent declared to be null and void shall be regarded as having been
null and void from the date of its grant. Nevertheless, where licenses have
been granted, nullity shall not entail the repayment of royalties by the
licensee insofar as he has effectively profited from the license.
(2) When the declaration of nullity becomes final, the Registrar of the
Court shall notify it to the Patent Office which shall enter it in the Register
and publish it as soon as possible.
Chapter Twelve: Infringement of Rights Under the Patent
49. Civil Sanctions:
(1) A registered owner of a patent whose rights under Sections 21 and 22
are threatened with infringement, or are intringed, may institute legal
proceedings designed to prevent the infringement or to prohibit its
continuation.
(2) In the case of infringement of these rights, the registered owner of the
patent may also claim damages and the application of any other sanctions
provided for in the civil law, such as seizure and destruction of the
infringing products or machinery used for the making of such products.