Hong Kong Ordinances

PATENTS ORDINANCE - SECT 80

Proceedings for infringement of patent

PART XI

INFRINGEMENT

(1) Subject to this Part, civil proceedings may be brought in the court by the
proprietor of a patent in respect of any act of infringement which he alleges
he is entitled under sections 73 to 75 to prevent and

(without prejudice to any other jurisdiction of the court) in those
proceedings a claim may be made- <* Note-Exp. x-Ref: Sections 73, 74, 75 


*>

   (a)  for an injunction restraining the defendant from any apprehended act
        of such infringement;

   (b)  for an order requiring the defendant to deliver up or destroy any
        patented product in relation to which the patent is infringed or any
        article in which the product is inextricably comprised;

   (c)  for damages in respect of the infringement;

   (d)  for an account of the profits derived by the defendant from the
        infringement;

   (e)  for a declaration that the patent is valid and has been infringed by
        the defendant.

(2) The court shall not, in respect of the same infringement, both award the
proprietor of a patent damages and order that he shall be given an account of
the profits.

(3) Subject to this Part, in determining whether or not to grant any kind of
relief claimed under this section and the extent of the relief granted the
court shall apply the principles applied by the court in relation to that kind
of relief immediately before the commencement of this Part. [cf. 1977 c. 37 s.
61 U.K; 1992 No. 1 s. 47 Eire]