No. 4907
Act No. 1, 2012
Government Gazette 23 March 2012
39
INDUSTRIAL PROPERTY ACT, 2012
(b)
the granting of voluntary licences to third parties by the owner of the
patent under section 51; or
(c)
the granting of other compulsory licences under this section or section
56 or 57.
(7)
determine -
The decision by the Tribunal granting the compulsory licence must
(a)
the scope and function of the licence;
(b)
the time limit within which the licensee must begin to exploit the
patented invention; and
(c)
the amount of the adequate compensation to be paid to the owner of the
patent and the conditions of payment.
(8)
When making a decision under subsection (7) the Tribunal must take
the following considerations into account:
(a)
that the scope of the exploitation of the patented invention by the
licensee must be limited to the purpose for which the licence was
authorised;
(b)
that, after hearing both parties, the terms and conditions of the licence
may be varied to the extent that changed circumstances justify such
variation; and
(c)
that the compensation to be paid to the owner of the patent must be
reasonable in the circumstances, taking into account the economic
value of the licence.
(9)
A party who is aggrieved by the decision of the Tribunal made under
this section, may appeal against the decision to the court.
Compulsory licence based on interdependence of patents
56.
(1)
If the invention claimed in a patent (herein referred to as the
“later patent”) cannot be exploited in Namibia without infringing a patent granted on
the basis of an application having an earlier filing date or, where appropriate, priority
date (herein referred to as the “earlier patent”), and provided that the invention claimed
in the later patent involves an important technical advance of considerable economic
significance in relation to the invention claimed in the earlier patent, the Tribunal may,
on application made in the prescribed manner by the owner of the later patent, grant to
the owner of the later patent a compulsory licence under the earlier patent to the extent
necessary to avoid infringement of the earlier patent.
(2)
Where a compulsory licence is issued under subsection (1), the Tribunal
must, on application in the prescribed manner by the owner of the earlier patent, grant
to the owner of the earlier patent a compulsory licence on reasonable terms in respect of
the later patent.