50. Penal Sanctions:
(1) Any intentional infringement of the rights of a registered owner of a
patent under Sections 21 and 22 shall constitute an offense.
(2) Such offense shall be punishable by a fine not exceeding one thousand
Pounds or by imprisonment not exceeding one year, or both. The
maximum penalties shall be doubled in the event of recidivism, i.e. when,
in the course of the five preceding years, the offender has been convicted
of another infringement of a patent.
51. Presumption of Use of a Patented Process:
If a patent is in respect of a process for the manufacture of a new
product, the same product, manufactured by a third party, shall, in the
absence of proof to the contrary, be presumed to have been manufactured
by that process.
52. Legal Proceedingsby Licensee:
(1) Any licensee under a contractual or compulsory license, or a license of
right, may, by registered letter, require the licensor to introduce the legal
actions necessary to obtain civil or penal sanctions in respect of any
infringement of the patent indicated by the licensee.
(2) If the licensor refuses or neglects to introduce the said legal actions
within three months of the request, the licensee under the registered
license may introduce them in his own name, without prejudice to the
right of the licensor to intervene in such actions.
Part Two: Technical Know-How
53. Conditions of Protection of Technical Know-How:
(1) Subject to any right conferred by patents in force and the provisions of
subsection (2) of the present Section, any person may freely use
manufacturing processes or knowledge concerning the use and application
of industrial techniques.
(2) Nevertheless, provided that these processes and knowledge nave not
been published or made available to the public, they shall be protected
against unlawful use, disclosure or communication by third parties, on
condition that the person who has developed them has taken the
necessary steps to preserve their secret character.
54. Unlawful Acts:
Any use, disclosure or communication, without the consent of the owner,
of the processes and knowledge referred to in Section 53(2) by any
person who is aware of their secret character, or who could not fail to be
aware of such character, shall be deemed to be unlawful, and Sections 49
and 50 shall be applicable in respect of those unlawful acts.