Section 62: Damages not to be awarded against defendant in certain cases

62. Damages not to be awarded against defendant in certain cases. —(1) In proceedings for the infringement of a patent, damages shall not be awarded against a defendant who proves that at the date of the infringement he was not aware, and had not reasonable ground for supposing, that the patent existed, and a person shall not be deemed to have been aware or to have had reasonable grounds for supposing as aforesaid by reason only of the application to an article of the word “patent”, “patented”, or any word or words expressing or implying that a patent has been obtained for the article, unless the number of the patent accompanied the word or words in question. (2) Nothing in this section shall affect the power of the Court to grant an injunction in any proceedings for infringement of patent.

Effective date: 2000-01-01

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