Commonwealth Numbered Acts

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PATENTS ACT 1990 No. 83, 1990 - SECT 120

Infringement proceedings
120. (1) Infringement proceedings may be started in a prescribed court, or in
another court having jurisdiction to hear and determine the matter, by the
patentee or an exclusive licensee.

(2) If an exclusive licensee starts infringement proceedings, the patentee
must be joined as a defendant unless joined as a plaintiff.

(3) A patentee joined as a defendant is not liable for costs unless the
patentee enters an appearance and takes part in the proceedings.

(4) Infringement proceedings must be started within:

   (a)  3 years from the day on which the relevant patent is granted; or

   (b)  6 years from the day on which the infringing act was done; whichever
        period ends later. 


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