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Section 108: Reliefs in suits for infringement.

The Patents Act, 1970Central Act · Act 39 of 1970

[(1)] The reliefs which a court may grant in any suit for infringement include an injunction (subject to such terms, if any, as the court thinks fit) and, at the option of the plaintiff, either damages or an account of profits.

[(2) The court may also order that the goods which are found to be infringing and materials and implement, the predominant use of which is in the creation of infringing goods shall be seized, forfeited or destroyed, as the court deems fit under the circumstances of the case without payment of any compensation.]

Where this provision sits

ActThe Patents Act, 1970
Section108
Marginal noteReliefs in suits for infringement.
JurisdictionCentral
StatusIn force as published by the source
Judgments citing it1

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • renumbered, Act 38 of 2002. . Section 108 renumbered as sub-section (1) thereof by Act 38 of 2002, s. 45 (w.e.f. 20-5-2003).
  • inserted. . Ins. by s. 45, ibid. (w.e.f. 20-5-2003).

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