No. 4907
Act No. 1, 2012
Government Gazette 23 March 2012
43
INDUSTRIAL PROPERTY ACT, 2012
obtain such a licence on reasonable commercial terms and conditions
within the prescribed period, except in cases mentioned in section
57(6); and
(b)
evidence of the payment of the prescribed fee.
(3)
The patent owner or any other person appearing from the register to be
interested in the patent may in the prescribed manner oppose the application.
(4)
The Tribunal, or the Minister, as the case may be, must consider the
application on its merits and may –
(a)
order the grant to the applicant of a licence on such conditions as it,
he or she may deem fit, including a condition in the circumstances
contemplated in section 55(5) precluding the licensee from importing
into Namibia any product made from or out of the patented invention;
or
(b)
if it or he or she considers that the grant of the licence is not justified,
refuse the application and give reasons for such refusal to the person
who made the request.
Grant and terms of compulsory licences
59.
(1)
Any compulsory licence granted under section 55 or 56 is nonexclusive and is not transferable except to a person to whom the business or the part of
the business in connection with which the rights under the licence were exercised has
been transferred.
(2)
The Tribunal or the Minister may order that a licence granted in terms
of section 55 or 56 or 57, as the case may be, be deemed to have been granted on the
date on which the application for a licence has been received.
(3)
A licence granted under section 55 or 56 must include a provision that,
subject to adequate protection of the legitimate interests of the licensee, the licence
must, on application by the patentee, be terminated if the circumstances which led to its
grant cease to exist and, in the opinion of the Tribunal are unlikely to recur.
(4)
Any licence granted under section 55 or 56 or 57 may be amended or
revoked by the Tribunal or the Minister as the case may be.
Rights and obligations of licensee under a compulsory licence
60.
Subject to the conditions that may be attached to a compulsory licence,
a licensee under this Part has the same rights and obligations as any other licensee under
a patent.
Recordal of compulsory licences
61.
(1)
A compulsory licence granted under section 55 or 56 or 57 must
be submitted to and retained by the Registrar who must keep its contents confidential