Restriction on power of court to grant injunction in certain cases [Omitted by thePatents (Amendment) Act, 2002] Practice area’s of B K Goyal & Co LLP Income Tax Return Filing | Income Tax Appeal | Income Tax Notice | GST Registration | GST Return Filing | FSSAI Registration | Company Registration | Company Audit |

. Restriction on power of court to grant damages or account of profits for infringement (1) In a suit for infringement of patent, damages or an account of profits shall not begranted against the defendant who proves that at the date of the infringement he was notaware and had no reasonable grounds for believing that

Right of licensee under section 84 to take proceedings against infringement Anyperson to whom a licence has been granted under section 84 shall be entitled to call uponthe patentee to take proceedings to prevent any infringement of the patent, and, if thepatentee refuses or neglects to do so within two months after being so called

Right of exclusive licensee to take proceedings against infringement. —(1) The holder ofan exclusive licence shall have the like right as the patentee to institute a suit in respectof any infringement of the patent committed after the date of the licence, and inawarding damages or an account of profits or granting any other relief in

Reliefs in suit for infringement (1) The reliefs which a court may grant in any suit forinfringement include an injunction (subject to such terms, if any, as the court thinks fit)and, at the option of the plaintiff, either damages or an account of profits.(2) The court may also order that the goods which are found

Certain acts not to be considered as infringement. For the purposes of this Act,—(a) any act of making, constructing, using, selling or importing a patented inventionsolely for uses reasonably related to the development and submission ofinformation required under any law for the time being in force, in India, or in acountry other than India, that

Defences, etc., in suits for infringement (1) In any suit for infringement of a patentevery ground on which it may be revoked under section 64 shall be available as a groundfor defence.(2) In any suit for infringement of a patent by the making, using or importation of anymachine, apparatus of other article or by the

Power of court to grant relief in cases of groundless threats of infringement proceedings —(1) Where any person (whether entitled to or interested in a patent or anapplication for patent or not) threatens any other person by circulars or advertisementsor by communications, oral or in writing addressed to that or any other person, withproceedings for

Power of court to make declaration as to non-infringement (1) Notwithstandinganything contained in section 34 of the Specific Relief Act, 1963 (47 of 1963), any personmay institute a suit for a declaration that the use by him of any process, or the making,use or sale of any article by him does not,or would not, constitute