Singapore legislation

Clause 67

Proceedings for infringement of patent

(1)

Subject to this Part, civil proceedings may be brought in the court by the proprietor of a patent in respect of any act alleged to infringe the patent and (without prejudice to any other jurisdiction of the court) in those proceedings a claim may be made —

(a)

for an injunction restraining the defendant from any apprehended act of infringement;

(b)

for an order for him to deliver up or destroy any patented product in relation to which the patent is infringed or any article in which that product is inextricably comprised;

(c)

for damages in respect of the infringement;

(d)

for an account of the profits derived by him from the infringement; and

(e)

for a declaration that the patent is valid and has been infringed by him.

(2)

The court shall not, in respect of the same infringement, both award the proprietor of a patent damages and order that he shall be given an account of the profits.

(3)

The proprietor of a patent and any other person may by agreement with each other refer to the Registrar the question whether that other person has infringed the patent and on the reference, the proprietor of the patent may make any claim mentioned in subsection (1)(c) or (e).

(4)

In this Act, unless the context otherwise requires —

(a)

any reference to proceedings for infringement and the bringing of such proceedings includes a reference to a reference under subsection (3) and the making of such a reference;

(b)

any reference to a plaintiff includes a reference to the proprietor of the patent; and

(c)

any reference to a defendant includes a reference to any other party to the reference.

(5)

If it appears to the Registrar on a reference under subsection (3) that the question referred to him would more properly be determined by the court, he may decline to deal with it and the court shall have jurisdiction to determine the question as if the reference were proceedings brought in the court.

(6)

Subject to this Part, in determining whether or not to grant any kind of relief claimed under this section and the extent of the relief granted, the court or the Registrar shall apply the principles applied by the court in relation to that kind of relief immediately before the appointed day.

Read in full context — Patents Bill →