Patents Act, 1978 (Act No. 57 of 1978)RegulationsPatent Regulations, 1978Chapter III : The Court of the Commissioner of PatentsProceedings for infringement |
98.
| (1) | In any proceedings for infringement in which the plaintiff claims relief by way of damages or payment of an amount in lieu of damages, it shall be permissible for him to claim an enquiry as to the damages suffered by him as a result of the infringement and/or as to what is a reasonable royalty and payment of the amount found to be due to him. |
| (2) | A plaintiff claiming an enquiry in terms of subregulation (1) hereof need not when so claiming specify in his pleadings the amount of the damages allegedly suffered by him or the manner in which such damages are computed. |
| (3) | In the event of an enquiry in terms of subregulation (1) being ordered and the parties being unable to reach agreement as to the further pleadings to be filed, discovery, inspection or other matters of procedure relating to the enquiry either or any party may make application to the commissioner for directions in regard thereto. |