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The Intellectual Property (Enforcement, etc.) Regulations 2006
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Amendment of the Patents Act 1977
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2. In section 62 (restrictions on recovery of damages for infringement), in subsection (3) for the words from “no damages” to the end of the subsection there shall be substituted—
“the court or the comptroller shall, when awarding damages or making an order for an account of profits in proceedings for an infringement of the patent committed before the decision to allow the amendment, take into account the following—
(a)whether at the date of infringement the defendant or defender knew, or had reasonable grounds to know, that he was infringing the patent;
(b)whether the specification of the patent as published was framed in good faith and with reasonable skill and knowledge;
(c)whether the proceedings are brought in good faith.”.
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