No. 4907
Act No. 1, 2012
Government Gazette 23 March 2012
45
INDUSTRIAL PROPERTY ACT, 2012
(4)
A patent owner so joined as a defendant under subsection (3) is not liable
for any costs unless he or she enters an appearance and takes part in the proceedings.
(5)
An application for the endorsement of a patent in terms of this section
must contain a statement, to be verified in such manner as may be prescribed, that the
patent owner is not precluded by contract from granting licences under the patent, and
the Registrar may require from the applicant such further evidence as he or she may
think necessary.
(6)
An application under this section for the endorsement of a patent of
addition must be dealt with as an application for the endorsement of the patent for the
main invention also, and an application made under this section for the endorsement
of a patent in respect of which a patent of addition is in force, must be dealt with as an
application for the endorsement of the patent of addition also, and where a patent of
addition is granted in respect of a patent already endorsed under this section, the patent
of addition must also be so endorsed.
(7)
Every endorsement of a patent in terms of this section must be recorded
in the register and must be advertised in the bulletin and in such other manner as the
Registrar may direct, to bring the endorsement to the notice of interested persons.
PART 10
EXPLOITATION BY GOVERNMENT
Exploitation of patented invention by Government or person authorised by
Government
63.
(1)
For purposes of this section “public interest” includes, but is
not limited to, public health, nutrition, agriculture, national emergency, relief, social
service, socio-economic development and national security purposes.
(2)
Despite anything to the contrary in this Act, where a vital public interest
requires that one or more acts of exploitation, including stocking, be performed with
respect to a patented invention, the Minister may decide that the patented invention be,
even in the absence of the consent of the owner of the patent, exploited by a government
ministry, office or agency as defined in the Public Service Act, 1995 (Act No. of
1995) (hereafter “government entity”) or by a third person, including a contractor,
subcontractor, or any other person, firm or corporation undertaking any activity for
a non-commercial purpose for or on behalf of a government entity, designated by the
Minister.
(3)
Authorisation in relation to the use of an invention under this section
may be given either before or after the use of the invention.
(4)
Where the Minister knows, without conducting a patent search, that
it is using or will use or has used or will have used a valid patent, the Minister must
promptly notify the patent holder.
(5)
Any government entity or third person authorised to use an invention
pursuant to subsection (2) must pay adequate compensation, as determined by the
Minister, to the owner of the patent for the use of the invention.