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In forceAmended2020 Revised Edition

Part 13 · Infringement of Patents

78. Declaration as to non-infringement

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Amended

Last amended by an amending law of 2019.

(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 in proceedings between the person doing or proposing to do the act and the proprietor of the patent, even though no assertion to the contrary has been made by the proprietor, if it is shown —

(a)

that that person has applied in writing to the proprietor for a written acknowledgment to the effect of the declaration claimed, and has furnished the proprietor with full particulars in writing of the act in question; and

(b)

that the proprietor has refused or failed to give any such acknowledgment.

(2)

[Deleted by Act 23 of 2019 wef 01/04/2022]

Report

Part 14

Revocation of Patents and Validity Proceedings

Part 15

Amendments of Patents and Applications

Part 16

International Applications for Patents

Part 17

Legal Proceedings

Part 18

Offences

Part 19

Patent Agents and Foreign Patent Agents

Part 20

Miscellaneous and General

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