Whenever there is violation of or justified fear that another party may cause serious and difficult-to-repair harm to an industrial property right, including patent rights, the court may, at request of the interested party, order the appropriate measures to prevent any imminent violation or to prohibit continuation of the violation.

Whoever illegally violates the industrial property rights of another person with intent or by negligence shall be obliged to pay a compensation to the injured party for damages resulting from the violation.

In determining the amount of compensation for losses and damages, the court shall take into account the profit obtained by the infringer and the resulting damages and lost profits suffered by the injured party. The costs borne out of protection of the right in question and the investigation and termination of the harmful conduct shall also be taken in consideration, as well as personal injury.

Infringement of the exclusive right granted by a patent may be also punishable as crime with imprisonment up to 6 months or a fine.

The Patent Law provides both civil and criminal law remedies for cases of infringement.

Civil remedies include the compensation of damages and termination of the infringing activities.

A complex system of rules for preliminary remedies in patent cases is included in the Patent Law. Generally, suspension of an alleged infringer's exploitation requires a preliminary procedure, with the participation of expert witnesses.

Criminal procedures and sanctions are rare.

Available remedies for infringement include injunction and damages or an account of profits. The damages may be calculated with reference to the value of the diverted sales or the going royalty rate that the infringer would have had to pay had a license been granted.

A court may refuse to award damages or make an order for an account of profits if it determines that the infringement was innocent. An innocent infringement occurs when the defendant was not aware, and had no reasonable grounds for suspecting, that their act constituted an infringement.

Civil remedies for infringement include:

• Cessation of infringement (preliminary or permanent injunction)
• Claim for elimination of the circumstances constituting the infringement
• Rendering of account
• Publication of judgment
• Monetary relief

Criminal remedies may include:

• Monetary fine
• Imprisonment

Based on a regulation of the European Council (EC No. 608/2013) in combination with the Austrian Product Piracy Act (PPG 2004), an application for action may be filed with the Customs Authorities in order to prevent the import of infringing goods.

The remedies for patent infringement and the principle of exhaustion are similar to those applicable to copyright infringement.

Criminal remedies for patent infringement include imprisonment, a monetary fine and seizure of infringing products.

Civil remedies for patent infringement include injunction to prevent the continuation of infringements and damages. Furthermore, interested parties may file a court action requesting a cancellation of the patent before the Federal Court.

The Patent Act permits awards for damages following the grant of a patent and reasonable compensation for infringing acts before grant, together with interest. Damages may be based on the lost profits of the patentee or on a reasonable royalty measure, depending on the facts.

Equitable remedies include an accounting of profits (as an alternative to damages) and interlocutory or permanent injunctions. Punitive damages awards are rare and require high-handed, egregious and oppressive conduct in carrying out the infringing acts.

The holder of the patent can require cessation of the acts that violate the invention, the indemnification of damages, the implementation of necessary measures to prevent the infringement from continuing and the publication of the judgment at the expense of the convicted person, through advertisements in a newspaper of the rights holder's choice.

With regard to criminal actions, the law provides for fines that range from UTM25 to UTM1,000, provided that the holder of the patent complies with the marking requirements (ie, “Patente de Invención” or P.I.).

Damages can be calculated based on:

• Lost profits
• Illegal gains by the infringer

• Up to 3 times the reasonable royalty

Should it be difficult to determine the damages based on any of these mechanisms, the court has the discretion to grant statutory damages the maximum of which is CNY5 million (around USD700,000) under the current Patent Law. Where there is evidence of bad faith on the infringer's part or other "serious circumstances" (eg, there is an extensive duration and scale of infringement) exist, such damages can be increased by up to 5 times for punitive purposes.

Injunctive relief is also a possible remedy.

Decision 486 establishes different mechanisms to protect the patent or its validity. Firstly, any interested third party, or the Superintendency of Industry and Trade ex officio, may decree the absolute invalidity of the patent in compliance with the causes defined by law. Moreover, the Superintendency of Industry and Trade may cancel a patent when it has been granted to a person not entitled to such grant. The action for cancellation may only be brought by the person to whom the right to the patent belongs.

The owner of the patent may claim its right before the Colombian ordinary jurisdiction. Nevertheless, the judge shall request that the Andean Court of Jurisdiction of the CAN provide an opinion on the case which shall be applied and considered by the judge prior to taking a decision.

Furthermore, patents are protected by criminal law. For this reason, infringements may be investigated by the general prosecutor and penalized by the criminal courts with fines of up to 1,500 minimum monthly wages (approximately USD378,560.08) and prison sentences between 16 and 72 months.

Possibility to claim actual damages for infringement.

Possible to seek preventing importation of goods that are infringing.

Injunctive relief is also a possible remedy.

Criminal penalties are possible.

Remedies for negligent or willful patent infringement include equitable and reasonable compensation for the use and compensation for losses and further injuries caused by the infringement. Depending on the outcome of the patent case, costs and reasonable attorneys' fees can also be recoverable.

It is possible to obtain a court order for destruction of infringing products. An initial step may be to obtain a preliminary court order for the confiscation of infringing products and equipment used in the manufacture thereof.

Criminal penalties are possible.

Remedies for patent infringement include a reasonable, non-punitive compensation for the use of the patent, typically calculated on the basis of what an applicable license would have cost. In case of negligence, compensation for other damages may also be awarded. Reasonable legal costs may also be demanded from the infringing party. Injunction may be granted by a court in patent infringement cases, as well as the destruction of infringing goods.

Criminal penalties such as fines and imprisonment are possible.

French law prohibits both direct infringement and contributory infringement.

Patent infringement actions may be brought before Paris courts (which have exclusive jurisdiction), usually after having gathered evidence via an infringement seizure (saisie-contrefaçon), by way of an action on the merits and a summary action in order to obtain an interlocutory injunction.

Manufacturers and importers are regarded as automatic infringers (ie, need not be aware of the patent at stake to qualify as infringers).

Since 2019, such infringement action must be brought within 5 years of the acts concerned, provided such action is not subject to any other statutes of limitations.

An injunction against the further manufacture, import, offer, sale, use or storage of the work may be ordered with immediate enforceability and subject to penalties.

In determining the amount of damages to be awarded (compensatory – not punitive), French courts take into account distinctively:

1. The negative or detrimental economic consequences of infringement, including lost gains and losses suffered by the rights holder
2. The moral harm suffered by the rights holder and
3. The profits earned by the infringer, including intellectual, tangible and promotional investments saved or not incurred by the infringer.

As an alternative and upon request of the rights holder, French courts may set the damages as a lump sum. This sum must be greater than the royalties that would have been owed if the infringer had sought a license. This amount is not exclusive of compensation for moral harm caused to the rights holder.

Remedies also include, notably, the recall, destruction or confiscation of the infringing products and the publication of the judgment.

Before the criminal courts, an infringer faces a fine of up to EUR300,000 (or EUR750,000 in certain circumstances) and imprisonment for up to 3 years (7 years in certain circumstances).

Different remedies are possible, with the most commonly sought remedies being injunction and damages. In addition, an exclusive licensee may enforce patent or utility models against infringers. Damages may be calculated as adequate license fees, infringer's profits or lost profits of the rights holder. In order to calculate damages, the rights holder can ask for a rendering of accounts.

Rights holders or exclusive licensees may make a claim for recall and destruction of infringing products. Customs seizure to stop the import of infringing products is also available.

Statutory costs for legal prosecution (ie, court costs and attorney fees) are recoverable up to a cap established by German law.

The remedies for infringement include order for delivery up or destruction of the infringed article, damages, an account of profits, declaration of infringement and injunctive relief.

Relief for groundless threats of infringement is available. Relief may be in the form of a declaration that the threats are unjustifiable, an injunction against the continuance of the threats or damages for any loss that has been sustained by the threats.

Article 35 of the Patent Act contains special remedies. The following can be requested from the court: establishing the infringement, claim for cease and desist, amendment declaration by the infringer, providing information on the infringement and, among others, confiscating or destroying the products affected by the infringement as well as the tools and materials used for the infringement.

In regard to financial remedies, compensation for damages according to the civil law and restitution of the economic gains achieved through the infringement can be requested. According to the court practice, the amount of such economic gain can be equal to the unpaid license fee, or with the net income (after the deduction of the costs) achieved through the infringement. In each case, the proportion of the patented part within the infringing product shall be taken into account.

Attorneys' fees can be recovered, although the court has the power to reduce such fees, should they be excessive.

Injunctive relief is also a possible remedy even before initiating a lawsuit. Ex parte injunctive relief can be requested as well.

The relief, which a court may grant in any suit for infringement, includes an injunction and, at the option of the plaintiff, either damages or an account of profits. The court may also order goods which are found to be infringing and materials and implements, the predominant use of which is the creation of infringing goods, to be seized, forfeited or destroyed.

If the person committing an offense is a company, then the company, as well as every person in charge of and responsible to the company for the conduct of its business at the time of the commission of the offense, would be deemed to be guilty of the offense and be liable to be proceeded against and punished accordingly.

No criminal penalties are awarded under the Patents Act in respect of patent infringement claims.

Compensation, injunction or a combination of the 2 may be ordered by the Commercial Court as remedies for infringement. Criminal sanctions are in the form of imprisonment and/or fine.

The primary remedies available to a patent holder in relation to infringement are:

• Injunctive relief
• Damages
• An account of profits
• Delivery up of the infringing product and/or
• A declaration that the patent is valid and has been infringed

As with copyrights, both injunctive and monetary relief are available. In addition, if the infringement was committed after the patent holder or an exclusive licensee had warned the infringer, the court may grant punitive compensation up to the amount of the damages awarded – namely, no more than twice the amount of the damages in total. No statutory damages are available for patent infringement.

Any person with reason to fear for the infringement of rights belonging to them under the Italian Intellectual Property Code, or who seeks to prevent the continuation or repetition of an infringement which has already occurred, may commence legal proceedings to ensure that their right is recognized and the infringement is put to an end. In such circumstances, the right holder will be entitled to remedies, including injunction and damages.

Injunctions can be granted also as preliminary measures, by way of a summary proceedings, which could stop the infringement within 3 to 9 months from the petition date. The court may also order the seizure of the products and of all matters constituting an infringement of the patent, also with respect to cases when goods suspected of infringing IP rights are displayed at official or officially recognized exhibitions.

Another relevant remedy is the so-called "search order," which allows the patent owner to collect evidence of the infringement through access to the infringer’s premises (or any other place where the evidence is deemed to be) at the presence of a bailiff and, and where necessary, of an expert appointed by the court.

Criminal sanctions may apply as well under certain circumstances.

Monetary damages can be levied. There are certain statutory presumptions to calculate damages but punitive damages are not available under Japanese law.

Injunctive relief, including seeking/preventing importation of infringing goods, is available as a remedy.

Measures are available to restore the business reputation of the patent holder and exclusive licensee (eg, publishing an apology in a newspaper).

Each joint owner can seek a remedy for infringement without the other owner's consent.

Criminal penalties are possible for patent infringement.

The possible remedies for infringement are set out under title IX "Trademark counterfeiting" of the Patent Act:

• Cessation of infringement (provisional or permanent), possibly accompanied by the penalty of a daily fine
• Publication of the judgment
• Damages to make good the harm caused
• Confiscation or destruction of infringing goods and of the instruments, devices or means specifically intended for committing the infringement

Reference should also be made to the description and saisie-contrefaçon procedures (Article 79 of the Patent Act), which respectively allow for:

• The drawing up of a detailed description of the allegedly infringing articles and the instruments that have served to commit the alleged infringement by a sworn expert.

• The unexpected seizure of allegedly infringing articles and the instruments that have served to commit the alleged infringement.

Both procedures serve the purpose of gathering evidence of and more information regarding infringements and may not exceed a period of 3 months from notification of the order to the person or to their domicile.

Violation may lead to payment of damages and losses, which shall be determined by the IMPI,based on actual damage and loss.

Criminal penalties may be imposed.

A patent holder is entitled to remedies for infringement similar to those available for infringement of other intellectual property rights, which warrant both (interim and final) injunctive and monetary relief (see Article 70 et seq. of the Dutch Patent Act).

Damages as well as surrender of profits made can only be awarded if the infringer knew or should reasonably have known their actions entailed a patent infringement. A number of supplementary, injunctive sanctions may be applied for, such as:

• A recall or definitive removal from the channels of commerce, surrender to the patent holder or destruction of the infringing goods and, in appropriate cases, of the materials and implements principally used in the creation or manufacture of these goods

• The right of information, ordering the infringer to share precise information on the origin of the infringing goods or services, the distribution channels and the identity of any 3rd parties involved in the infringement

• The dissemination of the decision in full or in part

A European rule of exhaustion applies, which means that if a particular patented product, or product that has been directly obtained through the patented process, has been brought into circulation for the first time with the consent of the patent holder within the Community, and/or Curacao or St. Martin, then the bringing of that particular product into circulation in any other way shall not be considered patent infringement.

According to Article 1019h of the Dutch Code of Civil Procedure, generally the losing party is obliged to pay the legal costs of the winning party. As a result, the winning party’s legal costs is fully reimbursed by the losing party. However, the Dutch patent courts have set caps (so-called indication tariffs) on the maximum costs to be reimbursed in patent litigation (similar caps already applied in other IP cases for some time, but these are lower than in patent cases). The caps are divided into categories: simple, normal, complex and very complex. The courts have provided criteria to determine if a case is simple, normal, complex or very complex (eg, scope of the facts, grounds for the action and the defense, and the financial interest).

Infringement proceedings may be brought in court by the patentee or, in some cases, the licensee. The relief available includes injunctive relief and, at the option of the plaintiff, damages or an account of profits.

However, the court may not award damages or an account of profits for infringement if the defendant proves that, at the date of infringement, the defendant did not know and ought not reasonably to have known that the patent existed or that the complete specification had become open to public inspection. If a product is marked merely to indicate that it is patented, this will not be sufficient to presume the defendant ought to have known the product was patented.

Infringements occur where there is unauthorized use of a patent in a manner consistent with the rights vested upon the licensed owner. Actions for infringement have the following reliefs in law:

• Damages
• Injunctions
• Delivery up of infringing products
• Account of profits

The Patent (Additional Rights, etc.) Bill, 2019 was presented for 1st reading before the House of Representatives, the legislative arm of government on 18 July 2019. On May 20, 2021, the bill proceeded to the stage of 2nd reading, and there is optimism that once it is passed into law, it will better protect rights of patent holders.  However, the bill is yet to proceed beyond the 2nd reading and there are no guarantees that it will become law any time soon.

Industrial Designs

Industrial designs are any combination of lines or colors or both, and any 3-dimensional form, whether or not associated with colors, intended by the creator to be used as a model or pattern to be multiplied by industrial process and which is not intended solely to obtain a technical result.

To qualify for protection in Nigeria, the design must be new and not contrary to public order or morality.

Nature of right

Once issued, the creator acquires a monopoly in respect of any of the following acts:

• Reproducing the design in the manufacture of a product or
• Importing, selling, utilizing for commercial purposes a product reproducing the design and holding such product for sale or commercial purposes.

The scope of protection is determined by the claims contained in the application for registration.

 Legal framework

1. Patents and Designs Act CAP P2 Laws of the Federation of Nigeria (LFN) 2010.

2. Contractual principles

3. Case law

4. The Paris Convention and the World Trade Organization’s agreement on Trade-Related Aspects of Intellectual Property (TRIPS).

In 1963, Nigeria ratified the Paris Convention for the Protection of Industrial Property. The agreement seeks to protect intellectual works across all convention countries.

In 1995, Nigeria ratified the World Trade Organization’s Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The TRIPS Agreement provides a uniform minimum standard for the regulation of intellectual property by national governments.

As earlier noted, most of these treaties that have been ratified have not been enacted into law in Nigeria.

 5. The Patent and Designs (Repeals and Re-enactment) Bill:

 6. The Patent and Designs (Repeals and Re-enactment) Bill: The Bill seeks among other things, to overhaul the current Patent and Designs Act, broaden the scope of patent and design protection and give effect to international conventions on patents.

Priority

Priority registrations are permitted in Nigeria. The application for priority registration must be made within 6 months of the earlier application in the convention country. The applicant must furnish the Registry with a copy of the earlier application within a 3-month period after filing in Nigeria. Once completed, the registration in Nigeria equates to an application made in the convention country of origin.

Duration of right

Industrial designs have a protection term of 5 years from the date of application for registration. Upon expiration and subject to the payment of the prescribed fee, the design may be renewed for 2 consecutive periods of 5 years.

Ownership / licenses

The owner of an industrial design is known as the statutory creator or person who, whether or not they are the true creator, is the 1st to file the application for the registration of the design or validly claim a foreign priority for an application for registration of the design. The true creator is entitled to be named as such in the register, whether or not they are also the statutory creator, and the entitlement in question shall not be modifiable by contract.

A design owner may grant a license to any person in the same manner and with the same effect as license grants under patents.

Remedies for infringement

Infringements occur where there is unauthorized use of an industrial design in a manner consistent with the rights vested upon the licensed owner. Actions for infringement have the following reliefs at law:

• Damages
• Injunctions
• Delivery up of infringing products
• Account of profits

Remedies for patent infringement include equitable and reasonable compensation for the use and compensation for losses and further injuries caused by negligent or willful infringement. Criminal penalties and injunctions against continuous infringements may also be granted.

The national authority may establish fines of up to USD160,000 for the infringement of intellectual property rights.

Violation may lead to payment of damages and losses, which shall be determined by a court of law.

Criminal penalties may be imposed and are regulated by the national Criminal Law.

The patent statute permits an award of damages in an amount adequate to compensate for the infringement, but in no event less than a reasonable royalty for the use made of the invention by the infringer, together with interest and costs. Some awards may be a combination of lost profits and a reasonable royalty.

Treble damages up to 3 times actual damages are possible if the infringement is willful.

Failing to include appropriate patent marking can preclude recovery of damages for past infringement.

Injunctive relief is also a possible remedy.

A criminal action patent infringement is a remedy available only for repeated patent infringement.

Polish law provides remedies for patent holders to combat patent infringement, such as demands to cease infringement, to compensate for damage incurred (also by paying a license fee), and the return of unfairly gained profits. Furthermore, under Polish law it is possible to pursue claims to prohibit actions constituting a threat of patent infringement. The patent holder may also seek a preliminary injunction before initiating the main proceedings, under which, for example, the infringing actions must be ceased and the infringing goods seized and held for the duration of the main infringement proceedings before the court. Since  July 1, 2023, the courts are required to hear the infringer’s arguments before granting an injunction, therefore it has become more difficult to take the infringer by surprise. Rightsholders are also required to inform the court of pending or past cases concerning invalidation of their rights. In assessing whether an injunction is justified in a particular case, the courts take into account the likelihood that the plaintiff’s intellectual property right will be invalidated. In addition, it will not be possible to obtain an interim injunction if it has been more than 6 months from the date when the rightsholder becomes aware of the alleged infringement of the intellectual property right in question.

The possibility to file a request for information required to pursue claims against the infringer and obtain discovery – when an infringement is highly probable – is also available to the patent holder (before the main proceedings or during the course thereof).

In some instances, patent infringement may be regarded as the misappropriation of 3rd party economic right.

Patent infringement claims may be pursued once the patent is granted. However, the patent holder may pursue claims against an infringer for infringements that occurred from the moment the patent application was published by the Patent Office (under some circumstances, also for an earlier period) or, in the case of a European patent validated in Poland, from the moment the information on the submission (to the Polish Patent Office) of a translation of the patent claim is published by the Polish Patent Office.

Contributory or indirect infringement and inducement is not regulated in the Industrial Property Law Act. However, based on general civil law rules, any person that induces another person to inflict damage, or that assists this person, as well as any person that consciously benefits from the damage inflicted on a patent holder, may be held liable for these acts.

In patent infringement litigation, the losing party must, upon the request of the adverse party, reimburse the court costs and attorneys' fees (capped fees). When only a part of the claims is awarded, the costs may either be waived or proportionally shared between the parties. In specially justified cases, the court may also charge the losing party with only a part of the costs or no costs at all. In the case of a settlement, the costs are waived, unless the parties agree otherwise.

Whenever there is violation of or justified fear that another party may cause serious and difficult-to-repair harm to an industrial property right, including patent rights, the court may, at request of the interested party, order the appropriate measures to prevent any imminent violation or to prohibit continuation of the violation.

Whoever illegally violates the industrial property rights of another person with intent or by negligence shall be obliged to pay a compensation to the injured party for damages resulting from the violation.

In determining the amount of compensation for losses and damages, the court shall take into account the profit obtained by the infringer and the resulting damages and lost profits suffered by the injured party. The costs borne with the protection of the right in question and the investigation and termination of the harmful conduct, as well as personal injury, shall also be taken in consideration.

If it is impossible to quantify the losses effectively suffered by the injured party, the court may, provided this is not opposed by the injured party, alternatively define a fixed amount with recourse to equity, that is based, as a minimum value, on the remuneration that the injured party would have received if the infringer had requested authorization to use the industrial property rights in question and the costs borne with the protection of the industrial property right and the investigation and termination of the harmful conduct.

Infringement of the exclusive right granted by a patent may be also punishable as crime with imprisonment up to 3 years or a fine.

Patent law permits the award of damages in an amount adequate to compensate for the infringement, which includes actual loss and loss of profit.

Injunctive relief is also a possible remedy.

Infringement of patent rights is a criminal offense in the form of counterfeit, punishable by imprisonment in certain conditions.

The owner of the patent or an exclusive licensee is entitled to the following primary remedies:

• Demand to stop infringement
• Demand to redress damages in full and
• Demand seizure of media bearing infringing objects; criminal penalties may also apply under certain circumstances.

A wronged party can seek damages or compensation for infringement of its rights and harm suffered. In addition, the Patents Law stipulates certain penalties for infringement, without prejudice to further liability which may arise from other laws, including:

1. An injunction
2. A fine of up to SAR100,000, which may be doubled for a repeat offender
3. A possible jail term, including referral to the Board of Grievances
4. Naming and shaming in 2 daily newspapers and the Official Gazette, the cost of which is borne by the party in breach, and
5. Any other prompt measures considered necessary to prevent damages resulting from the infringement.

The patent owner and their exclusive licensee are entitled to take legal action against an infringing party. Remedies available to the patent owner and their exclusive licensee include applying for an injunction to stop the infringing action, demanding for the profits gained by the infringing party or seeking damages for the loss suffered.

In the case of an unauthorized interference with the rights, the owner of a patent is entitled mainly to seek prohibition of unlawful interferences of the rights or threats to the rights and removal of the consequences of such interferences. If, due to such interference with the owner's rights, any damage has been caused, the owner shall have the right to damages including loss of profits. If non-pecuniary damage has occurred, the owner has the right to reasonable compensation, including financial compensation. Right to unjust enrichment is not affected.

The right to remuneration of damages as well as loss of profits shall become statute-barred 3 years after the date on which the owner of the patent becomes aware of the caused damage or non-pecuniary damage and who is responsible for it. Pursuant to the Civil Code, in the case of a breach or a threat of an intellectual property right which may be the object of a license agreement (such as a patent), the amount of damages shall be at least equal to the remuneration for a license granted at the time of unauthorized interference with the right.

In addition, criminal sanctions pursuant to the Criminal Code shall apply.

The remedies available for infringement are:

• Criminal sanction (quite rare)
• Preliminary injunction
• Permanent injunction
• Damages

Under the amended PA which became effective on July 9, 2019, courts are authorized to award damages as a punitive measure of up to 3 times the amount of actual damages for intentional or willful acts of patent infringement. 

According to the Spanish Law 24/2015 on Patents, the owner of a patent may bring appropriate action of any type or nature before the ordinary courts against any person who infringes their rights and they may demand the necessary measures to safeguard those rights.

The owner whose patent rights have been infringed may, in particular, seek:

• Cessation of the acts that infringe their rights
• Compensation for the damages suffered
• Seizure of the objects produced or imported in infringement of their rights, as well as the means used for such production or for carrying out the patented process
• Whenever possible, attribution of the ownership of the objects and means seized. In such cases, the value of the goods concerned shall be deducted from the compensation for damages. Where that value exceeds that of the compensation granted, the owner of the patent shall pay the excess to the other party
• The adoption of the necessary measures to prevent continued infringement of the patent, in particular, the transformation of the objects or means seized, or their destruction when such is indispensable in order to prevent infringement of the patent and
• Publication of the judgment against the person infringing the patent, at their cost, by means of announcements and notification to the persons concerned.

Any person who, without the consent of the owner of the patent, manufactures or imports items protected by the patent or uses the patented process, shall be liable for the damages.

Compensation for damages due to the owner of the patent shall not only include the amount of the loss that they have suffered, but also the profits lost through infringement of their rights.

The owner of the patent may also require compensation for the damage suffered as a result of the loss of reputation of the patented invention caused by the person infringing their rights through defective manufacture or unsatisfactory presentation of the invention on the market.

Remedies for patent infringement include equitable and reasonable compensation for the use and compensation for losses and further injuries caused by negligent or willful infringement. Costs and reasonable attorneys' fees can also be recoverable.

It is possible to file customs actions applications to prevent importation of infringing goods, as well as to obtain a court order for destruction of infringing products and equipment used in the manufacture thereof.

Injunctive relief is also a possible remedy.

Criminal penalties are possible but rarely ordered.

Available remedies for infringement include declaratory actions, actions for performance, damages, confiscation and destruction.

Actual damages can be monetary loss suffered by the patent owner, or profits gained by the infringer. Injunctive relief and publication of judgments are also possible remedies.

It is possible to seek the prevention of importation of infringing goods.

Criminal penalties are also possible.

• Claim for damages and, in the case of willful infringement, damages up to 3 times proven damages
• Request to stop or prevent infringement
• Request for destruction of the infringing articles, materials and implements used in the infringing act
• Apply to the Customs authorities for tentatively seizing the imported or exported articles that are suspected of infringing the patent right(s)
• Request for restoration of the impaired reputation

The patent owner or an authorized person (eg, licensee) may seek the following remedies under Ukrainian law:

• Termination of the infringement.

• Cancellation of the infringing patent.

• Reimbursement of damages, including loss of profit or payment of compensation. The amount of compensation shall be determined by the court, taking into account the extent of the infringement, the fault of the infringer and other relevant circumstances. The amount of compensation shall not be less than the amount that would have been paid for granting permission to use the rights to the patent in dispute. If the infringement of the rights was unintentional and without negligence, the amount of compensation shall be equal to the amount of remuneration that would have been paid for granting such permission.

• Recognition of a right
• Seizure of infringing goods
• Prohibition of import and
• Publication of the court decision on the case concerning IP rights infringement.

In addition, the Criminal Code of Ukraine dated April 5, 2001 provides for criminal liability for infringements of intellectual property right with regard to inventions and utility models.

The Patent Law sets out four criminal acts relating to infringement:

• Producing false documents to obtain a patent, utility certificate, know how or an industrial design or drawing registration
• Declaring false information to obtain a patent, utility certificate or know how or an industrial design or drawing registration
• Copying an invention, a process, an element of know how or an industrial design or drawing
• Intentionally infringing any right protected by the Patent Law

A right holder or a licensee may apply for a precautionary attachment order ex parte to the urgent matters judge. The Patent Law gives the court the right to confiscate attached items but does not give the right to grant prohibitory injunctions (either on an interim or a final basis), which would order the defendant to stop the infringing acts. The claimant also has a right to claim damages in respect of the infringement.

The patent proprietor or an exclusive licensee can sue for infringement of a patent. Remedies for infringement can include injunctions (or interdicts in Scotland), damages or an account of profits, an order for delivery up, seizure or destruction, as well as a declaration of validity and/ or infringement. No statutory damages are available. Damages are compensatory only.  Where the patentee has licensed their patent, the starting point for the damages calculation is generally a reasonable royalty fee, though, where the patentee exploits the patent, they may claim in respect of lost profits. It is additionally possible to prevent the import of infringing products.

Patent proprietors should be aware that the Patents Act provides an actionable right against those who make unjustified threats of patent infringement proceedings.

The patent statute permits an award of damages in an amount adequate to compensate for the infringement, but in no event less than a reasonable royalty for the use made of the invention by the infringer, together with interest and costs. Some awards may be a combination of lost profits and a reasonable royalty.

Treble damages up to 3 times actual damages are possible if the infringement is willful.

Failing to include appropriate patent marking may preclude recovery of damages for past infringement.

Injunctive relief is also a possible remedy.