Patents Act, 1992
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CHAPTER VII Infringement | ||
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Action for infringement of patent. |
47.—(1) Civil proceedings for infringement of a patent may be brought in the Court by the proprietor of the patent in respect of any act of infringement which he alleges he is entitled under sections 40 to 43 and section 45 to prevent and (without prejudice to any other jurisdiction of the Court) in those proceedings a claim may be made— | |
(a) for an injunction restraining the defendant from any apprehended act of such infringement; | ||
(b) for an order requiring the defendant to deliver up or destroy any product covered by the patent in relation to which the patent is alleged to have been infringed or any article in which the product is inextricably comprised; | ||
(c) for damages in respect of the alleged infringement; | ||
(d) for an account of the profits derived by the defendant from the alleged infringement; | ||
(e) for a declaration that the patent is valid and has been infringed by the defendant. | ||
(2) The Court shall not, in respect of the same infringement, both award the proprietor of a patent damages and order that he shall be given an account of the profits. |