Title: | Article 61 of the Patents and Industrial Designs Act of 01/07/2000 |
Field of IP: | Patents |
Type of flexibility: | Criminal sanctions for patent infringement |
Summary table: |
61. GENERAL PENALTY.
(1) A person who -
(a) does an act or thing that the person is prohibited to do by or under a provision of this Act; or
(b) does not do an act or thing that the person is required or directed to do by or under a provision of this Act; or
(c) otherwise contravenes a provision of this Act;
is guilty of an offence by virtue of this subsection, unless that or another provision of this Act provides that the person -
(d) is guilty of an offence; or
(e) is not guilty of an offence.
(2) A person who is guilty of an offence against this Act, whether by virtue of Subsection (1) or otherwise, is punishable, on conviction, by a penalty not exceeding the penalty applicable to the offence.
(3) Where a provision of this Act (other than this section) provides that the penalty applicable to a contravention of a particular provision of this Act is a specified penalty, pecuniary or otherwise, the penalty applicable to an offence constituted by a contravention of the particular provision is the specified penalty.
(4) Except as provided in Subsection (3) or in a provision of this Act (other than this section), a person who commits an offence is liable on conviction to a fine not exceeding K5,000.00.