Section 62 Flashcards

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1
Q

What is the innocent infringement test?

A
  • Unaware and no reasonable grounds to suppose that the patent existed.
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2
Q

What cannot happen if innocent infringement is found?

A

Damages and Account of profits are unavailable.

Injunction / Declaration of Infringement / Delivery up / Destruction are available.

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3
Q

What events affect infringement relief?

A
  • Innocent infringement
  • Amendments to patent to make it valid
  • Existence of a licence of right limits damages to 2x retrospective licence fee
  • Not registering assignment/exclusive licence within 6m or ASAP thereafter (cannot claim costs or expenses arising in a trial)
  • An existing certificate of contested validity (indemnity rates rather than normal rates)
  • Infringement during S25(4) period (renewal late payment) damages are discretionary
  • partial validity
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