Document ID: chunk:federal_register_of_legislation:C2005C00021:clause:7_26c:p2
Version: federal_register_of_legislation:C2005C00021
Segment Type: clause
Provision Reference: sch 7 cl 26C (pt 2/2)
Character Range: 135303–136582

into account:
 (a) any profit obtained by the second person; and
 (b) any loss or damage suffered by any person;
by reason of the second person exploiting the patent during the proceedings.

 (7) For the avoidance of doubt, subsection (6) does not limit the matters the court may take into account when determining a pecuniary penalty ordered pursuant to subsection (5).

 (8) If:
 (a) the second person has sought and obtained in the proceedings an interlocutory injunction restraining the person referred to in paragraph (1)(a) from infringing a patent; and
 (b) section 26D does not apply; and
 (c) a prescribed court declares that the second person has given a certificate required under subsection (3); and
 (d) a prescribed court declares that:
 (i) the certificate is false or misleading in a material particular; or
 (ii) the second person has breached an undertaking given in the certificate;
the prescribed court may, pursuant to this section, order that the second person pay to the Commonwealth, a State or a Territory compensation for any damages sustained or costs incurred by the Commonwealth, a State or a Territory as a result of the grant of the interlocutory injunction.

 (9) In this section:

prescribed court has the same meaning as in the Patents Act 1990.