# The Patents (Isle of Man) Order 2013, Paragraph 21

Extent: E+W+S+N.I.

(1) In the side note to section 62 (damages for infringement), for “Restrictions on recovery of” substitute “Further provisions as to”.
(2) In section 62(3), for the words from “no damages” onwards substitute—
“the court or the comptroller shall, when awarding damages or making an order for an account of profits in proceedings for an infringement of the patent committed before the decision to allow the amendment, take into account the following—
(a) whether at the date of infringement the defendant or defender knew, or had reasonable grounds to know, that he was infringing the patent;
(b) whether the specification of the patent as published was framed in good faith and with reasonable skill and knowledge;
(c) whether the proceedings are brought in good faith.”.
(3) After section 62(3) insert—
“(3A) Where in an action for infringement of a patent it is shown that the defendant knew, or had reason to believe, that he was committing an infringement, the damages awarded to the claimant shall be appropriate to the actual prejudice he suffered as a result of the infringement.
(3B) The court—
(a) in awarding such damages shall take into account all appropriate aspects, including in particular—
(i) the negative economic consequences, including any lost profits, which the claimant has suffered;
(ii) any unfair profits made by the defendant; and
(iii) elements other than economic factors, including the moral prejudice caused to the claimant by the infringement; or
(b) may where appropriate award such damages on the basis of the royalties or fees which would have been due had the defendant obtained a licence.”.

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Source: https://www.legislation.gov.uk/uksi/2013/2602/schedule/paragraph/21 (the official version)
Page: https://openlegislation.uk/patents-isle-of-man-order-2013/schedule/paragraph-21
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.