Patents
[No. 40 of 2016
101. The Minister may, by statutory instrument, direct the
Registrar to grant compulsory licences with respect to patented
products declared by the Government, to be of vital importance to
the defence, public health, the environment or the economy of the
country.
102. The Minister may on the application of an interested
person, or on the advice of the Registrar, revoke a compulsory
licence on any of the following grounds:
(a) that the licensee has failed to comply with the terms of
the licence;
(b) that the conditions which justified the grant of the licence
have ceased to exist and are unlikely to recur;
(c) that the interests of the licensee have been adequately
protected;
(d) that the licensee has failed, within twenty-four months
from the grant of the licence, to take the necessary steps
to work the invention to satisfy the reason for the grant
of a compulsory licence; or
(e) that the patentee has granted the licensee a licence contract
on more favourable terms.
103. The Registrar shall enter in the Register, a grant of a
compulsory licence, the terms and conditions of the licence, variation
of the terms and conditions of the licence and revocation of the
licence.
104. (1) A patentee may, at any time after the sealing of a
patent, apply to the Registrar for a patent to be endorsed with the
words “licence of right”.
(2) The Registrar shall, where the Registrar is satisfied that
the patentee is not prohibited by contract from granting a licence,
endorse or cause the patent to be endorsed as referred to in
subsection (1).
(3) A patentee may, at any time after a patent has been
endorsed, apply to the Registrar for the cancellation of the
endorsement referred to in subsection (1).
PART XIV
EXPLOITATION OF PATENTED INVENTION BY GOVERNMENT
105. Where the Government requires, for purposes of public
health, the environment or national emergency, that a patented
invention be exploited, for non-commercial purposes, by the
847
Compulsory
licence
granted
under
regulation
Revocation
of
compulsory
licence
Registration
of
compulsory
licence
Licence of
right
Use of
invention by
Government