848 No. 40 of 2016]
Notification
of
patentee by
Government
Extent,
duration and
limitation of
use of
patented
invention
Compensation
of patentee
for
use of
patented
invention
Applicability
of provisions
relating to
patents
Patents
Government or an authorised person, the Minister may, with or
without the consent of the patentee, authorise in a prescribed
manner, the exploitation of the patented invention.
106. (1) Where the Government or an authorised person
knows, without conducting a patent search that it is using or will be
using a patented invention for purposes referred to in section one
hundred and five, the Minister shall, as soon as it is practicable,
notify the patentee of the use or the intended use of the patented
invention.
(2) A patentee who is aggrieved by the decision of the Minister
made in accordance with this section may, within three months of
the decision, appeal to the High Court.
107. (1) The extent and duration of the use of a patented
invention, by the Government or an authorised person, shall be
limited to the purposes referred to in section one hundred and
five.
(2) The use of the patented invention, in accordance with
section one hundred and five shall not be assignable or exclusive.
108. (1) Where a patented invention is used by the
Government or an authorised person, the patentee shall be paid,
within a prescribed period, by the Government or the authorised
person, such remuneration as may be considered equitable
compensation, with regard to all the circumstances, including the
economic value of the patented invention.
(2) A patentee aggrieved with the amount of compensation
paid in accordance with subsection (1) may, within three months of
being paid the compensation, appeal to the High Court.
PART XV
UTILITY MODELS
109. (1) The provisions of this Act relating to patents shall,
with the necessary modifications, apply to utility models.
(2) Section fifteen (1) (b) does not apply to utility models.
(3) An application for the registration of a utility model shall
contain—
(a) a request for the registration of the utility model;
(b) a claim specifying what is to be protected by the registration
of the utility model;
(c) the description of the subject matter of the utility model;
(d) the drawings to which the claim or description relates;
and
(e) any other requirements as may be prescribed.