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Intellectual Property Laws Amendment Bill 2006

Schedule 5 Relief for infringement of patents


Patents Act 1990

1  After subsection 122(1)


          (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.