An International Guide to
Patent Case Management for Judges

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9.5.3 Remedies for infringement

Certain remedies for infringement that may be claimed are specified by Section 61 of the Act:

  1. (a) an injunction restraining the defendant from any apprehended act of infringement;
  2. (b) an order for him to deliver up or destroy any patented product in relation to which the patent is infringed or any article in which that product is inextricably comprised;
  3. (c) damages in respect of the infringement;
  4. (d) an account of the profits derived by him from the infringement;
  5. (e) a declaration that the patent is valid and has been infringed by him.84

However, these remedies are said in Section 61 to be “without prejudice to any other jurisdiction of the court.” Remedies are dealt with in more detail in Section 9.7 below.