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CS Professional · Intellectual Property Rights - Law and Practice · Patent Documentation, Examination and Infringement

Arjun Tools sues Bharat Fabricators for patent infringement. Bharat proves that when it made the infringing sales it was not aware and had no reasonable grounds to believe the patent existed; its products carried a competitor's label reading 'patented' without any number. Arjun seeks damages and an injunction. What is the position under sections 107 and 111?

Damages and account of profits cannot be granted against Bharat, who proves lack of awareness, since the word 'patented' without a number does not impute awareness. However, section 111(4) preserves the court's power to grant an injunction, so Arjun may still obtain one.

  1. ABoth damages and injunction are barred, since the court's power to grant an injunction is subject to section 111(1)
  2. BDamages and account of profits cannot be granted, but the court's power to grant an injunction is unaffectedCorrect
  3. CDamages are barred, and the court must also refuse any injunction because the defence is under section 107
  4. DDamages remain available because the label 'patented' without a number gave Bharat awareness

Explanation

Section 111(1) bars damages or account of profits against a defendant proving innocent infringement, and 111(4) preserves the court's power to grant an injunction. The Explanation says the word 'patented' without the patent number does not amount to awareness, so D is wrong.

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