Patents Act, 1978 (Act No. 57 of 1978)Chapter XI : Infringement69. Declaration as to non-infringement |
| (1) | A declaration that the use by any person of any process, or the making or use or offer to dispose or disposal or importation of any article by any person, does not or would not constitute an infringement of a patent, may be made by the commissioner in proceedings between that person and the patentee, notwithstanding that no assertion to the contrary has been made by the patentee, if it is proved— |
| (a) | that such person has applied in writing to the patentee for a written acknowledgement to the effect of the declaration claimed, and has furnished the patentee with full particulars of the process or article in question; and |
| (b) | that the patentee has failed to give such an acknowledgement. |
[Sub-section (1) substituted by section 15 of Act No. 58 of 2002.]
| (2) | The costs of all parties to proceedings for a declaration instituted by virtue of this section shall be awarded in such manner as the commissioner may deem fit. |