36 CAP. 400]
Patents
patent, cause the patent to be endorsed accordingly, so, however,
that no such endorsement shall be made in respect of an exclusive
licence.
(2) Where a patent is endorsed under this section
(a) any person shall, at any time thereafter, be entitled as of
right to a licence under the patent upon such terms as may,
in default of agreement and subject to the provisions of
subsection (3), be settled by the Registrar on the applica
tion of the patentee or the person requiring the licence;
(b) the Registrar may, on the application of the holder of any
licence granted under the patent before the endorsement,
order the licence to be exchanged for a licence to be
granted by virtue of the endorsement upon terms to be set
tled as aforesaid;
(c) if in proceedings for infringement of the patent, otherwise
than by the importation of goods, the defendant undertakes
to take a licence upon terms to be settled by the Registrar
as aforesaid, no interdict or injunction shall be granted
against him, and the amount, if any, recoverable against
him by way of damages shall not exceed double the amount
which would have been payable by him as licensee if such
a licence had been granted before the earliest infringement;
(d) the renewal fees payable in respect of the patent after the
date of the endorsement shall be one-half of the renewal
fees which would be payable if the patent were not so
endorsed.
(3) In settling the terms of the licence for the purposes of para
graph (a) or (b) of subsection (2), the Registrar shall
(a) take cognizance of the provisions of section thirty-eight
with respect to a patent falling under that section; and
(b) provide, inter alia, for the following matters:
(i) the period of the licence;
(ii) the terms of renewal, if any;
(iii) the amount of and method for payment of royalties;
(iv) arrangements for cancellation of the licence upon
application made to him by the patentee after fail
ure by the licensee to pay royalties or to observe
any other conditions included in the licence by the
Registrar, who is hereby authorised to include such
conditions, so, however, that no such licence may
be cancelled unless the licensee, after reasonable
notice given to him by the patentee, has failed to
observe such conditions.