Singapore legislation
Clause 78
of Patents Bill
Clause 78
Declaration as to non-infringement
(1)
Without prejudice to the jurisdiction of the court to make a declaration apart from this section, a declaration that an act does not, or a proposed act would not, constitute an infringement of a patent may be made by the court or the Registrar in proceedings between the person doing or proposing to do the act and the proprietor of the patent, notwithstanding that no assertion to the contrary has been made by the proprietor, if it is shown —
that that person has applied in writing to the proprietor for a written acknowledgment to the effect of the declaration claimed, and has furnished him with full particulars in writing of the act in question; and
that the proprietor has refused or failed to give any such acknowledgment.
(2)
A declaration made by the Registrar under this section shall have the same effect as a declaration by the court.