Section 61 Flashcards
Which licencees can launch infringement proceedings?
Can: exclusive licensee; licence of right (these licences give the right to sue)
Cannot: normal licensee; compulsory licence holder (these licences protect the holder from being sued - but give them no right to sue)
What relief is available for infringement?
- Injunction
- Delivery up / destruction
- Damages OR Account of profits
- Declaration of validity and infringement
In infringement proceedings before the Comptroller, what relief can be ordered?
YES - Damages
YES - Declaration of infringement
NO - Account of profits
NO - Delivery up / destruction
NO - Injunction
Which of these fall under ‘disposal’ or ‘offer to dispose’
- Giving away as a promotion
- Giving away as a sample
- Listing an item on eBay
- Stocking an item in a shop
Giving away as a promotion or as samples is disposal.
Listing / stocking an item may only be an invitation to treat. Not disposal / offer to dispose. Buy one and keep invoice to prove actual disposal.
