846 No. 40 of 2016]
Grant of
compulsory
licence for
interdependent
inventions
Patents
compulsory licence to the applicant on such terms and conditions
as the Minister considers appropriate in the circumstances.
(5) A compulsory licence, granted by the Minister in
accordance with subsection (4), shall not be an exclusive licence
and shall not entitle the licensee to grant further licences to third
parties without the written consent of the patentee.
(6) A person who is granted a compulsory licence, in
accordance with subsection (4), shall be required to pay the patentee
such remuneration as is considered equitable, with regard to all the
circumstances, including the economic value of the licence.
(7) The Minister may, m consultation with the Registrar, on
the request of a patentee or licensee or on the order of the High
Court, vary the terms and conditions of a compulsory licence.
(8) Subsection (3) shall not apply where a compulsory licence
is granted as a result of a national emergency.
(9) Where a compulsory licence has been granted, in
accordance with this section, the use of the licence shall be for the
supply of the domestic market.
100. (1) Where a patented invention cannot be worked
without infringing the rights derived from an earlier patent, the owner
of a later patent may apply to the Registrar, in the prescribed manner,
for the grant of a compulsory licence with respect to the earlier
patent, to the extent necessary for the working of a later patent, if
the invention constitutes an important technical advancement of
economic value.
(2) Where the Registrar is satisfied with an application, referred
to in subsection (1), the Registrar shall issue a compulsory licence
to the applicant on such terms and conditions as the Registrar shall
consider appropriate in the circumstances.
(3) The owner of an earlier patent shall be entitled to a crosslicence, on reasonable terms and conditions, to use the invention
claimed in the second patent.
(4) The use, authorised by a compulsory licence, referred to
in subsection (1), shall only be transferable to another person on
the assignment of a second patent.
(5) In this section—
“earlier patent” means a patent granted for an earlier invention
or a patent for an invention claiming an earlier priority
date; and
“second patent” means a validly granted patent which cannot
be worked without infringing another patent.