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Sec 112, Patents Act 1970: Restriction on power of court to grant injunction

Section 112 (Restriction on power of court to grant injunction in certain cases) under Chapter XVIII (Suits Concerning Infringement of Patents) of the Patents Act, 1970 ⦂―

❝If in proceedings for the infringement of a patent endorsed or deemed to be endorsed with the words "licenses of right" (otherwise than by the importation of the patented article from other countries) the infringing defendant is ready and willing to take a license upon terms to be settled by the Controller as provided in section 88, no injunction shall be granted against him, and the amount if any recoverable against him by way of damages shall not exceed double the amount which would have been recoverable against him as licensee if such a license had been granted before the earliest infringement.❞



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Section 112 of the Patents Act, 1970 was OMITTED by the Patents (Amendment) Act, 2002 (38 of 2002), s. 46 (w.e.f. 20-5-2003).

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