Section 25 Patents and Designs Act 1971

Section 25 of the Patents and Designs Act 1971 is about Infringement of rights. It is under ‘General’ of the Act. It provides as follows:

(1) The rights of a patentee or design owner are infringed if another person, without the licence of the patentee or design owner, does or causes the doing of any act which that other person is precluded from doing under section 6 or 9 of this Act, as the case may be.

(2) An infringement of the rights of a patentee or design owner shall be actionable at the suit of the patentee or design owner in question; and in any action for such an infringement all such relief by way of damages, injunction accounts or otherwise shall be available to the plaintiff as is available in any corresponding proceedings in respect of the infringement of other proprietary rights.

(3) If-
(a) a patent has been granted in respect of a process for the manufacture of a new product; and
(b) the same product is manufactured by a person other than the patentee, the product shall in the absence of proof to the contrary be presumed to have been manufactured by that process.

(4) The grantee of a licence under this Act from a patentee or design owner may by registered letter require the licensor to institute proceedings under subsection (1) of this section in respect of any infringement indicated by the grantee in the letter; and, if the licensor unreasonably refuses or neglects to institute the proceedings, the licensee may institute them in his own name, without prejudice to the right of the licensor to intervene in the proceedings.

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