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Section 108 – The Patents Act,1970

The Patents Act,1970

Section 108. Reliefs in suits for infringement

1[(1)] The reliefs which a court may grant in any suit for infringement include an injunction (subject to such terms, if any, as the court thinks fit) and, at the option of the plaintiff either damages or an account of profits.]

2[(2) The court may also order that the goods which are found to be infringing and materials and implement, the predominant use of which is in the creation of infringing goods shall be seized, forfeited or destroyed, as the court deems fit under the circumstances of the case without payment of any compensation.]

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1. Existing section 108 renumbered as sub-section (1) thereof by Patents (Amdt.) Act,2002, w.e.f. 20-5-2003 vide S.O. 561(E), dt. 20-5-2003.

2. Inserted by Patents (Amdt.) Act,2002, w.e.f. 20-5-2003 vide S.O. 561(E), dt. 20-5-2003.

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The Patents Act,1970

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