INTELLECTUAL PROPERTY LAWS AMENDMENT ACT 2006 (NO. 106, 2006) - SCHEDULE 5 Relief for infringement of patents
INTELLECTUAL PROPERTY LAWS AMENDMENT ACT 2006 (NO. 106, 2006) - SCHEDULE 5
Relief for infringement of patents
1 After subsection 122(1)
Insert:
(1A) A court may include an additional amount in an assessment of damages for an infringement of a patent, if the court considers it appropriate to do so having regard to:
(a) the flagrancy of the infringement; and
(b) the need to deter similar infringements of patents; and
(c) the conduct of the party that infringed the patent that occurred:
(i) after the act constituting the infringement; or
(ii) after that party was informed that it had allegedly infringed the patent; and
(d) any benefit shown to have accrued to that party because of the infringement; and
(e) all other relevant matters.
2 Application
The amendment of section 122 of the Patents Act 1990 made by this Schedule applies to infringements of patents occurring on or after the commencement of this Schedule.