PA 71 – Declaration as to noninfringement

Question 1

what does S71 concern

Answer 1

declaration of non-infringment

Question 2

when can a declaration of non-infringement be ordered by the court

Answer 2

S71(1)
A declaration can be ordered providing:
a) the person seeking the declaration has written to the PROPRIETOR requesting acknowledgement of their declaration and providing full particulars of their activities, and
b) the proprietor has refused or failed to give any acknowledgement

Question 3

what is a declaration of non-infringement

Answer 3

a declaration that an act does not, or a proposed act would not infringe

Question 4

Who can make declarations of non-infringment

Answer 4

S71(2)
The court or the Comptroller

Question 5

What happens if the Comptroller finds a patent to be invalid when they are requested to make a declaration of non-infringment

Answer 5

it does not bind the court in any future infringement proceedings, as a revocation action must be brought under s72

Question 6

when will the court make declarations of non-infringement

Answer 6

can be done as a separate proceeding, or can be done after unsuccessful infringement proceedings