Amendment of section 65 of Act 57 of 1978, as amended by section 3 of Act 76 of 1988
46. Section 65 of the Patents Act, 1978, is hereby amended by the substitution for subsection (6) of the following subsection:
“(6) In lieu of damages the plaintiff may, at his or her option, be awarded an amount calculated on the basis of a reasonable royalty which would have been payable by a licensee or sub-licensee in respect of the patent concerned.”.
Amendment of section 91 of Act 57 of 1978
47. Section 91 of the Patents Act, 1978, is hereby amended by the substitution for the words following paragraph (g) of the following words:
“generally, as to any matter which he or she considers [it] necessary or expedient to prescribe in order to carry out, or give effect to, the Patent Cooperation Treaty or that the purposes of this Act may be achieved.”.
Substitution of certain expression in Act 57 of 1978
48. The Patents Act, 1978, is hereby amended by the substitution for the expression “South African Institute of Patent Agents”, wherever it occurs, of the expression “South African Institute of Intellectual Property Law”.
Substitution of long title of Act 57 of 1978
49. The following long title is hereby substituted for the long title of the Patents Act, 1978:
“Act
To provide for the registration and granting of patents for inventions and for matters connected therewith.”.
Amendment of section 1 of Act 98 of 1978, as amended by section 1 of Act 56 of 1980, section 1 of Act 66 of 1983, section 1 of Act 52 of 1984, section 1 of Act 13 of 1988 and section 1 of Act 125 of 1992
50. Section 1 (1) of the Copyright Act, 1978, is hereby amended―