RA 8293 - Intellectual Property Code of the Philippines

31SEC. 76. Civil Action for Infringement. – 76.1. Themaking, using, offering for sale, selling, or importing a patentedproduct or a product obtained directly or indirectly from a patentedprocess, or the use of a patented process without the authorizationof the patentee constitutes patent infringement.76.2. Any patentee, or anyone possessing any right, titleor interest in and to the patented invention, whose rights havebeen infringed, may bring a civil action before a court of competentjurisdiction, to recover from the infringer such damages sustainedthereby, plus attorney's fees and other expenses of litigation, andto secure an injunction for the protection of his rights.76.3. If the damages are inadequate or cannot be readilyascertained with reasonable certainty, the court may award byway of damages a sum equivalent to reasonable royalty.76.4. The court may, according to the circumstances ofthe case, award damages in a sum above the amount found asactual damages sustained: Provided, That the award does notexceed three (3) times the amount of such actual damages.76.5. The court may, in its discretion, order that theinfringing goods, materials and implements predominantly usedin the infringement be disposed of outside the channels ofcommerce or destroyed, without compensation.76.6. Anyone who actively induces the infringement of apatent or provides the infringer with a component of a patentedproduct or of a product produced because of a patented processknowing it to be especially adopted for infringing the patentedinvention and not suitable for substantial non-infringing use shallbe liable as a contributory infringer and shall be jointly andseverally liable with the infringer. (Sec. 42, R.A. No. 165a)SEC. 77. Infringement Action by a Foreign National. –Any foreign national or juridical entity who meets the requirementsof Section 3 and not engaged in business in the Philippines, towhich a patent has been granted or assigned under this Act, maybring an action for infringement of patent, whether or not it is