Civil action for infringement.
SEC. 42. Civil action for infringement.—any patentee, or anyone possessing any right, title or interest in and to the patented invention, whose rights have been infringed, may bring civil action before the proper Court of First Instance, to recover from the infringer damages sustained by reason of infringement and to secure an injunction for the protection of his rights.
If the damages are inadequate or cannot be readily ascertained with reasonable certainty, the court may award as damages a sum amounting to a reasonable royalty.
The court may, according to the circumstances of the case, award damages in a sum above the amount found as actual damages sustained provided the award dose not exceed three times the amount of such actual damages.
Limitation of action for damages.
SEC. 43. Limitation of action for damages.—No damages can be recovered for acts of infringement committed more then four years before the institution of the action for infringement.
Damages not recoverable for want of notice or marking.
SEC. 44. Damages not recoverable for want of notice or marking.—Damages cannot be recovered for acts of infringement committed before the infringer had actual notice of the patent, unless the patetee or those exploiting the invention on his behalf or under his authorization have given notice to the public that the machine, device, articles or process is patented either by placing thereon the words "Philippine Patent" with the number of the patent, or when the nature of the article this cannot be reasonably be done, by placing such notice on the package or container in which the device or article is supplied to the public, or in descriptive or advertising matter used in connection with the patented machine, device, article or process.
Defenses in action for infringement.
SEC. 45. Defenses in action for infringement.—In an action for infringement the defendant, in addition to other defenses available to him, may show the invalidity of the patent or any claim thereof on any of the grounds on which a petition of cancellation may be brought under section twenty-eight, Chapter VII hereof.
Patent found in invalid to be canceled.
SEC. 46. Patent found in invalid to be canceled.—If the court shall find the patent or any claim hereof invalid, the Director shall, on the certification of the judgment to the Office, issue an order canceling the patent or the claims found invalid, and shall publish a notice thereof in the Official Gazette.
Assessors in infringement action.
SEC. 47. Assessors in infringement action.—Two or more assessors may be appointed by the court. The assessors shall be so qualified by the necessary scientific and technical knowledge required by the subject matter in suit. Either party may, as a preliminary question, challenge the fitness of any assessor to sit an an action.
Each assessor shall receive a compensation in an amount to be fixed by the court and advance by the complaining party, and thereafter to be taxed as costs in favor of the prevailing party.
Criminal action for repetition of infringement.
SEC. 48. Criminal action for repetition of infringement.—If infringement is repeated by the infringer or by anyone in connivance with him with final judgment of the court against the infringer, the parties liable shall, without prejudice to further civil action, be punished by a fine not exceeding ten thousand pesos and imprisonment not exceeding five years, or both such fine and imprisonment in the discretion of the court, in a criminal actions instituted for the purpose. The criminal action herein provided shall prescribed in two years.
Appeal.
SEC. 49. Appeal. —Appeal may be taken from the judgment of the court in the civil and criminal action herein provide in the same manner as in other actions.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
