Infringment of Patent in Pakistan, Section 61 of the law lists reliefs that a Court may grant in suits for infringements. These include,-
- (a) to order to desist from infringement,
(b) to prevent the entry into the channels of commerce of imported goods that involve the infringement immediately after custom clearance of such goods;
(c) to order the infringer to pay the right holder damages adequate to compensate for the injury he has suffered because of infringement;
(d) to pay the right holder expenses which may include appropriate attorney’s fee;
(e) in appropriate cases, to order recovery of profits, damages and pre-established damages even where the infringer did not knowingly or with reasonable ground to know, engage in infringing;
(f) to order that goods found to be infringed be, without compensation of any sought, disposed off outside the channels of commerce;
(g) to order the material and implements the predominant use of which has been in the creating of infringing goods be, without compensation of any sought, disposed off outside the channels of commerce in such a manner as to minimize risk of further infringement, and in considering such orders, the need for proportionality between seriousness of infringement and remedies ordered as well as interests of third parties shall be taken into account;
(h) unless this would be out of proportion to the seriousness of the infringement, to order infringer to inform the right holder of the identity of third parties involved in the production and distribution of the infringing goods and of their channels of commerce; and
(i) to order a party at whose request measures were taken and who has abused enforcement procedure, to provide to a party wrongfully enjoined or restrained, adequate compensation for injury suffered because of such abuse.
The Court is also granted powers to order prompt and effective provisional measures.
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Irfan Mir Halepota, Advocate Supreme Court of Pakistan.
Regular Website: https://www.irfanlaw.com
Supreme Court of Pakistan, Islamabad. The Registry of the Supreme Court is also at Karachi.