Title: | Section 34 of the Patents Act, Act No. 23 of 2003 |
Field of IP: | Patents |
Type of flexibility: | Criminal sanctions for patent infringement |
Summary table: |
Infringement; unlawful acts; offences
34. (1) Subject to sections 11(4), 13, and 14, an infringement shall consist of the performance of any act referred to in section 1 1 in Antigua and Barbuda by a person other than the owner of the title of protection and without the agreement of the latter.
(2) On the request of the owner of the title of protection, or of a licensee if he has requested the owner to institute court proceedings for a specific relief and the owner has refused or failed to do so, the court may grant an injunction to prevent infringement, an imminent infringement, award damages and grant any other remedy provided for in the general law.
(3) Any person who knowingly performs an act which constitutes an infringement as defined in subsection (1) is guilty of an offence and is liable on summary conviction to a fine of $100,000 or to imprisonment for a term of three years.