38 CAP. 400]
Patents
the time of the endorsement, precluded by a contract in which the
claimant is interested from granting licences under the patent may
apply to the Registrar for cancellation of the endorsement.
(3) Where the Registrar is satisfied, on application made under
subsection (2), that the patentee is and was precluded as aforesaid, he
shall' cancel the endorsement, and thereupon the patentee shall be
liable to pay, within such period as may be prescribed, a sum equal
to the balance of all renewal fees which would have been payable if
the patent had not been endorsed, and if that sum is not paid within
that period the patent shall cease to have effect at the expiration of
that period.
(4) Where the endorsement of a patent is cancelled under this sec
tion, the rights and liabilities of the patentee with respect to it shall
thereafter be the same as if the endorsement had not been made.
(5) An applicant shall advertise in the prescribed manner any
application made by. him under this section and within the prescribed
period after such advertisement
(a) in the case of an application under subsection (1), any per
son interested; and
(b) in the case of an application under subsection (2), the
patentee and either additionally or alternatively any person
interested;
.
.
may give notice to the Registrar of opposition to the cancellation.
(6) Where any such notice of opposition is given, the Registrar
shall fix a date for the hearing of the application and shall advise in
writing the parties of the date so fixed, and shall, after giving the
applicant and the opponent an opportunity to be heard, give such
decision on the application as he may consider just.
(7) An application made under this section for the cancellation of
the endorsement of a patent of addition shall be treated as an appli
cation for the cancellation of the endorsement of the patent for the
main invention also, and an application made under this section for
the cancellation of the endorsement of a patent in respect of which a
patent of addition is in force shall be treated as an application for the
cancellation of the endorsement of the patent of addition also.
(8) An appeal shall lie from any decision of the Registrar under
this section.
Compulsory
licencein case
of abuse or
insufficient
use of patent
rights
37. (1) Subject to the provisions of subsection (14), any person
interested who can show that he has been unable to obtain a licence
under a patent on reasonable terms may, after the expiration of a
period of three years subsequent to the date on which that patent
was sealed or four years subsequent to the date on which the appli
cation in respect thereof was lodged, whichever period last expires,