No. 4907
Government Gazette 23 March 2012
Act No. 1, 2012
37
INDUSTRIAL PROPERTY ACT, 2012
(d)
to require or induce the purchaser or licensee to observe a specified
minimum resale price in respect of any article or class of articles
protected by the patent; or
(e)
to prohibit or restrict the making, using, exercising or disposing of
the invention concerned in any country in which the invention is not
patented,
is invalid.
(2)
Nothing in this section affects any condition in a contract –
(a)
whereby a person is prohibited from selling any goods other than those
of a particular person; or
(b)
for the lease of or a licence to use a patented article, whereby the lessor
or licensor reserves to himself or herself or his or her nominee the right
to supply such new parts of the patented article, other than ordinary
articles of commerce, as may be required to put or keep it in repair.
(3)
The Minister may, after consultation with the Registrar, by notice in the
Gazette declare any other condition in a licence to be a condition to which subsection
(1) applies and that condition if contained in a licence is invalid for the purposes of
subsection (1).
Rights of licensee
53.
In the absence of an agreement to the contrary –
(a)
a voluntary licence to make a patented product carries with it the right
to exploit the patented product, including the right to use or offer to
dispose of or dispose of the patented product;
(b)
a voluntary licence to use or exercise a patented process carries with it
the right to exploit the patented process, including the right to make,
use or offer to dispose of or dispose of the product of the process; and
(c)
an exclusive voluntary licence carries with it the right for the licensee
to exploit the patent to the exclusion of all others, including the owner
of the patent,
but such licensee has no right to institute proceedings against third parties for the
infringement of the patent unless the licence contract provides for such right or section
70(2) applies.
Effect of non-grant or invalidation of patent
54.
(1)
Any contract, in so far as it relates to a licence under a patent
application or a patent to make, use, exercise, offer to dispose of, dispose of or import a
patented invention, terminates on the date on which a patent is refused on the application