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RA 165 Section 42

Civil action for infringement.

Section 42

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.

Read the full instrument → · Open the chapter this section belongs to: CHAPTER X.—Actions and Remedies for Infringement →

Other provisions in CHAPTER X.—Actions and Remedies for Infringement

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗ · Data as of 2026-07-04

CitationRA 165 Section 42 (LawPlayer, data as of 2026-07-04)

Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).

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