Damages For Patent Infringement

Introduction

On May 31 2013 changes were made to the Patents Act regarding damages in patent infringement cases where the infringement was found to be wilful or negligent. The changes came into force on July 1 2013. Corresponding changes were also made to the Trademark Act, the Industrial Design Act and the Marketing Control Act. The changes strengthened the position of patent owners with respect to damages. The changes include the possibility of seeking damages:

• based on the profits that the infringer made from wilful or negligent patent infringement (Section 58(1)(c) of the Patents Act); or
• amounting to double a fair licensing fee for the infringing use, provided that it was wilful or grossly negligent (Section 58(2)).