Patents Act, 1978 (Act No. 57 of 1978)Chapter XI : Infringement65. Proceedings for infringement |
| (1) | Subject to the provisions of section 53(3), proceedings for infringement of a patent may be instituted by the patentee. |
[Sub-section (1) substituted by section 13 of Act No. 58 of 2002.]
| (2) | Proceedings for infringement shall be instituted and prosecuted in the manner prescribed. |
| (3) | A plaintiff in proceedings for infringement shall be entitled to relief by way of— |
| (a) | an interdict; |
| (b) | delivery up of any infringing product or any article or product of which the infringing product forms an inseparable part; and |
| (c) | damages. |
| (4) | In any proceedings for infringement the defendant may counterclaim for the revocation of the patent and, by way of defence, rely upon any ground on which a patent may be revoked. |
| (5) | The plaintiff in any such proceedings shall, before he institutes 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 a co-plaintiff. |
[Sub-section (5) substituted by section 3(b) of Act No. 76 of 1988.]
| (6) | In lieu of damages the plaintiff may, at his or her option, be awarded an amount calculated on the basis of a reasonable royalty which would have been payable by a licensee or sub-licensee in respect of the patent concerned. |
[Sub-section (6) substituted by section 46 of Act No. 38 of 1997.]