The Patents Act 1977 (as amended)

Schedule A1 (section 60(5)(g)): Derogation from patent protections in respect of biotechnological inventions; Remedies

Remedies

Remedies

12.-(1) If, in response to a request under this Schedule, a person -

(a) knowingly fails to provide information which he is required by this Schedule to give, or

(b) refuses to provide any such information, the court may order him to provide it.

(2) Sub-paragraph (1) does not affect any of the court’s other powers to make orders.

(3) A person who knowingly provides false information in response to a request under this Schedule is liable in damages to the person who made the request.

(4) In any action for damages under sub-paragraph (3) the court must have regard, in particular to -

(a) how flagrant the defendant was in providing the false information, and

(b) any benefit which accrued to him as a result of his providing false information,and shall award such additional damages as the justice of the case may require.