Title: | Section 51 (1), (2) and (3) of the Industrial Property Act of 20/03/2003 |
Field of IP: | Patents |
Type of flexibility: | Criminal sanctions for patent infringement |
Summary table: |
Infringement; Unlawful Acts; Offences
51(1) Subject to Sections 23(4),25, 26, 43(3) and 49 (3) an infringement shall consist of the performance of any act referred to in Section 23, 27 and 49 In Liberia by a person other than the owner of the title of protection and without the agreement of the latter.
(2)(a) 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, or an unlawful act referred to in Section 4(2) and 5, award damages and grant any other remedy provided for in the general law
(b) On the request of any competent authority or any interested person, association or syndicate, in particular of producers, manufacturers or traders, the court may grant the same relief in case of an act of unfair competition referred to the Section 5.
(3) Any person who knowingly performs an act which constitutes an infringement as defined in subsection (1) hereof or an unlawful act as defined in Section 4(2) and 48 shall be guilty of an offense punishable by a fine not less than USD 500000 or by Imprisonment for a term not exceeding 5 years or both.