Proceedings for infringement

(1) The owner of the patent shall, in addition to any other right, remedy or action available to him, have the right, subject to sections 33(4), 35, 38 and 42, to institute court proceedings against any person who infringes the patent by performing, without his authorization, any of the acts referred to in section 39 33(2) or who performs acts which make it likely that infringement will occur. (2) A plaintiff in proceedings for infringement shall be entitled to relief by way of– (a) an injunction; (b) the seizure, forfeiture or destruction of– (i) any infringing product or article, or of any product or article of which the infringing product or article forms an inseparable part; and (ii) any article, instrument or thing by means of which any infringing product or article was produced; (c) (d) an account of the profits derived from the (e) any other relief provided for in the general law. (3) The Court shall not, in awarding damages under this section, also order, in respect of the same infringement, that the plaintiff be given an account of the profits derived from the (4) In any proceedings for infringement, the defendant may counter-claim for the invalidation of the patent and, by way of defence, rely upon any ground on which a patent may be invalidated. (5) In any proceedings under this section, the plaintiff shall, before instituting the proceedings, give notice thereof to every licensee under the patent in question whose name is recorded in the Register, and any such licensee shall be entitled to intervene as co-plaintiff. (6) Where a licensee requests the owner of a title of protection granted under this Act to institute court proceedings for a specific relief and the owner fails to do so, the licensee may bring an action under this section and the Court shall grant him any relief specified in sub-section (2) or any other relief provided for in the general law. (7) In any proceedings for infringement other than criminal proceedings, where the subject matter of the patent is a process for obtaining a product, the burden of establishing that the product was not made by the process shall rest on the defendant if– (a) the product is new; or (b) a substantial likelihood exists that the product was made using another process and the owner of the patent has been unable through reasonable efforts, to determine the process used. (8) In requiring the production of evidence, the court shall take into account the legitimate interests of the defendant in not disclosing his manufacturing and business secrets. (9) The Court shall, in awarding damages under this section, calculate such damages taking into account the amount of a reasonable royalty which would have been payable by a licensee or sub-licensee in respect of the patent concerned.