844 No. 40 of 2016]
Patents
suffered hardship by reason of the continuation in force of the
directions, issued in accordance with in section ninetyfour, the
Minister may, in consultation with the Minister responsible for
finance, make such payment, by way of compensation, to the
applicant, as the Minister may think reasonable, having regard to
the inventive merit and utility of the invention and any other relevant
consideration.
(8) A person aggrieved with the amount of this compensation
paid in accordance with subsection (7) may, within three months of
being paid the compensation, appeal to the High Court.
Licence
contract
Refusal by
Registrar to
register
licence
contract
PART XIII
CONTRACTUAL AND COMPULSORY LICENCES
96. (1) Subject to this Act, a patentee may grant a licence in
respect of an invention, to another person by way of a licence
contract.
(2) A licence contract shall be in writing, signed by both parties
and lodged with the Registrar by either party, in a prescribed manner.
(3) The Registrar shall, on payment of the prescribed fee, enter
or cause to be entered a licence contract in the Register.
(4) Subject to this Act, the Registrar shall issue or cause to be
issued a certificate of registration to a licensee, where the
requirements of this Part are satisfied.
(5) A certificate of registration shall be prima-facie evidence
of any matter in respect of the registration of the licence contract.
(6) A licence contract shall not have effect against third parties
until it is registered and a certificate of registration is issued.
97. (1) The Registrar may refuse to register a licence contract
which imposes unjustified restrictions on the licensee or is prejudicial
to the economic interest of the country.
(2) The Registrar shall, before refusing to register a licence
contract, as provided in subsection (1), notify the parties within
ninety days of receiving the contract and shall give the parties an
opportunity to be heard.
(3) Where the Registrar refuses to register a licence contract
but does not notify the parties to the contract or give them an
opportunity to be heard, within ninety days as provided in subsection
(2), the licence contract shall be deemed to have been registered
at the expiry of ninety days.
(4) A licence contract lodged with the Registrar shall not be
open to the public for inspection.