Effect of non‑infringement declarations
127 Effect of non‑infringement declarations
If:
a patentee has given a person a written admission that the doing of an act has not infringed, or would not infringe, a claim, or a prescribed court has made a non‑infringement declaration in respect of an invention; and
the patentee later gets an injunction restraining the person from doing the act as specified in the admission, or the declaration is revoked;
the person is not liable:
to account to the patentee for any profits, made by the person before the date on which the injunction was granted or the declaration was revoked, from the doing of the act as specified in the admission or declaration; or
to pay damages for any loss suffered by the patentee before that date as a result of the doing of that act.
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