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Patents Act 2004

Section 11 – Enforcement of damages

66.This section inserts a new subsection (7) into section 61 of the 1977 Act. This enables any award of damages by the comptroller in infringement proceedings to be recovered through the enforcement mechanism of the county court in England and Wales (or the equivalent mechanisms in Scotland and Northern Ireland). The party to whom damages are owed is therefore able to recover them without having to bring fresh proceedings to enforce the award. This section also makes the mechanism for the recovery of damages consistent with the mechanisms by which an award for compensation may be enforced under section 41, and costs or expenses may be recovered under section 107.

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