ANNEX TO EXPLANATORY NOTES: PATENTS ACT 2004:AMENDMENTS TO THE PATENTS ACT 1977 Section 61 – Proceedings for infringement of patent
(4)Except so far as the context requires, in the following provisions of this Act –
(a)any reference to proceedings for infringement and the bringing of such proceedings includes a reference to a reference under subsection (3) above and the making of such a reference;
(b)any reference to a plaintiff claimant or pursuer includes a reference to the proprietor of the patent; and
(c)any reference to a defendant or defender includes a reference to any other party to the reference.
[ Subsections (5) and (6) are unchanged ]
(7)If the comptroller awards any sum by way of damages on a reference under subsection (3) above, then –
(a)in England and Wales, the sum shall be recoverable, if a county court so orders, by execution issued from the county court or otherwise as if it were payable under an order of that court;
(b)in Scotland, payment of the sum may be enforced in like manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland;
(c)in Northern Ireland, payment of the sum may be enforced as if it were a money judgment.