Document ID: chunk:federal_register_of_legislation:C2006A00106:clause:5_1
Version: federal_register_of_legislation:C2006A00106
Segment Type: clause
Provision Reference: sch 5 cl 1
Character Range: 26805–27447

1  After subsection 122(1)
Insert:

 (1A) A court may include an additional amount in an assessment of damages for an infringement of a patent, if the court considers it appropriate to do so having regard to:
 (a) the flagrancy of the infringement; and
 (b) the need to deter similar infringements of patents; and
 (c) the conduct of the party that infringed the patent that occurred:
 (i) after the act constituting the infringement; or
 (ii) after that party was informed that it had allegedly infringed the patent; and
 (d) any benefit shown to have accrued to that party because of the infringement; and
 (e) all other relevant matters.