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PATENT INFRINGEMENT

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1PATENT INFRINGEMENT Empty PATENT INFRINGEMENT Tue Sep 23, 2008 4:51 pm

barrister

barrister
Reclusion Perpetua

is the making, using, offering for sale, selling or importing a patented product or a product obtained directly or indirectly from a patented process without the authorization of the patentee.

2PATENT INFRINGEMENT Empty Re: PATENT INFRINGEMENT Tue Sep 23, 2008 4:52 pm

barrister

barrister
Reclusion Perpetua

CONTRIBUTORY INFRINGER – any person who
1. actively induces the infringement of patent or
2. provides the infringer with a component of a patented product or of a product produced
because of a patented process knowing it to be especially adopted for infringing the
patented invention and not suitable for substantial non-infringement Liability of Contributory Infringer – jointly and severally liable with the infringer

RULES ON DAMAGES
1. Damages cannot be recovered for acts of infringement committed before the infringer
had known or had reasonable grounds to know of the patent.
2. It is presumed that the infringer had known of the patent if on the patented product, or on the container or package in which the article is supplied to the public, or on the advertising material relating to the patented product or process, are placed the words “Philippine Patent” with the number of the patent. 3. No damages can be recovered for
infringement committed more than four (4) years before the institution of the action for
infringement.

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