Non-voluntary licences
15.—(1) On the request of any person who proves his ability to work a patented
invention in Lesotho, made to the Registrar after the expiration of a period of four years from
the date of filing of the patent application or three years from the date of the grant of the
patent, whichever period expires last, the Registrar may grant a non-voluntary licence if the
patented invention is not worked or is insufficiently worked in Lesotho.
(2) Notwithstanding subsection (1), a non-voluntary licence shall not be granted if the
owner of the patent satisfies the Registrar that circumstances exist which justify the nonworking or insufficient working of the patented invention in Lesotho. Importation shall not
constitute such a circumstance.
(3) The beneficiary of the non-voluntary licence shall have the right to exploit, other
than to import, the patented invention in Lesotho according to the terms set down in the
decision granting the licence and shall commence the working of the patented invention in
Lesotho within the time limit fixed in the said decision and, thereafter, shall work the patented
invention sufficiently in Lesotho, subject to the payment of an equitable remuneration therefor
as determined in the said decision.
(4) The grant of the non-voluntary licence shall not exclude,
(a) the conclusion of a licence contract by the owner of the patent or the grant of other
non-voluntary licences; or
(b) the exploitation of the patented invention under section 13(5).
Invalidation
16.—(1) Any interested person may request the court to invalidate a patent.
(2) The court shall invalidate the patent if the person requesting the invalidation proves
that any of the requirements of sections 3, 4, 5, and 7(4), (5), (6) and (7) and the regulations
pertaining thereto is not fulfilled or if the owner of the patent is not the inventor or his
successor in title.
(3) Any invalidated patent, or claim or part of a claim, shall be regarded as null and
void from the date of the grant of the patent.
(4) The final decision of the court shall be notified to the Registrar who shall record it
and publish the decision as soon as possible.
LESOTHO
Industrial Property Order, 1989 (Order No. 5 of 1989, as last amended by Act No. 4 of 1997)
[LS 1-001]
page 11/28