No.	4907	

Government	Gazette	23	March	2012	

Act No. 1, 2012

49

INDUSTRIAL PROPERTY ACT, 2012

	

(b)	

an	order	for	any	infringing	product	or	process	or	any	article	or	product	
of	which	the	infringing	product	or	process	forms	an	inseparable	part	to	
be	delivered	up	to	the	owner	;

	

(c)	

damages;

	

(d)	

in lieu	of	damages,	at	the	option	of	the	owner	or	licensee,	a	reasonable	
royalty	which	would	have	been	payable	by	a	licensee	for	the	use	of	the	
patented	invention	concerned.

	
(2)	
For	 the	 purposes	 of	 determining	 the	 amount	 of	 any	 damages	 or	
reasonable	royalty	to	be	awarded	under	this	section,	the	Tribunal	may	direct	an	enquiry	
to	 be	 held	 and	 may	 prescribe	 such	 procedures	 for	 conducting	 such	 enquiry	 as	 it	 may	
deem	fit.
	
(3)	
Despite	 subsection	 (1),	 the	 patent	 holder	 or	 licensee’s	 sole	 remedy	
in	 situations	 mentioned	 in	 section	 55,	 56,	 57	 and	 63,	 is	 the	 recovery	 of	 adequate	
remuneration.
Declaration of non-infringement
72.
(1)	
In	 proceedings	 between	 any	 person	 and	 the	 patent	 owner	 the	
Tribunal	 may,	 despite	 that	 no	 assertion	 to	 the	 contrary	 has	 been	 made	 by	 the	 patent	
owner,	 make	 a	 declaration	 that	 the	 use	 by	 that	 person	 of	 any	 process	 or	 the	 making	 or	
use	or	offer	to	dispose	or	disposal	or	importation	of	any	product	by	that	person,	does	not	
or	would	not	constitute	an	infringement	of	a	patent,	if	it	is	proved	–
	

(a)	

that	such	person	has	applied	in	writing	to	the	patent	owner	for	a	written	
acknowledgement	 to	 the	 effect	 of	 the	 declaration	 claimed,	 and	 has	
furnished	the	patent	owner	with	full	particulars	of	the	process	or	article	
in	question;		and

	

(b)	

that	the	patent	owner	has	failed	to	give	such	an	acknowledgement.

	
(2)	
The	 costs	 of	 all	 parties	 to	 proceedings	 for	 a	 declaration	 instituted	 by	
virtue	of	this	section	may	be	awarded	in	such	manner	as	the	Tribunal	may	deem	fit.
Threat of infringement proceedings
73.
(1)	
Any	 person	 threatened	 with	 infringement	 proceedings	 who	
can	 prove	 that	 the	 acts	 performed	 or	 to	 be	 performed	 by	 him	 or	 her	 do	 not	 constitute	
infringement	of	the	patent	may	request	the	Tribunal	to	grant	an	interdict	to	prohibit	such	
threats	and	award	damages	for	financial	loss	resulting	from	the	threats.
	
(2)	
Proceedings	under	subsection	(1)	may	not	be	instituted	after	five	years	
from	the	date	of	the	threats.
	
(3)	
The	mere	notification	of	the	existence	of	a	patent	does	not	constitute	a	
threat	within	the	meaning	of	subsection	(1).

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