If you have a patent and some one who is not authorized under law to produce and sell this product is producing and selling this product or if your product is in conflict with some other patented product and you are not authorized under law to produce and sell this product however this has been done inadvertently or without knowledge, it is patent infringement.
Protection of Intellectual Property Under Patents Ordinance 2000:
Suit for infringement of a patent:
A patentee may institute a suit for the infringement of a patent under section 60 in the District Court having jurisdiction to try the suit. This suit may be filed by the patentee against any person who during the continuance of his owned patent makes, sells or uses the invention without his license, or counterfeits it, or imitates it.
Reliefs in suits for infringement:
The Court can order the infringer to:
- Cease and Desist form infringement;
- Pay damages to patent owner
- Pay the patentee expenses which may include appropriate attorney’s fee;
- Pay the profits
- Dispose off the goods
- Inform the patentee of the identity of third parties involved in production and distribution of the infringing goods
- Pay adequate compensation
Intellectual Property Logium deal with the suits for and against the infringement suits at the trials and appellate court proceedings.
