(4)
Any joint patentee may institute proceedings for infringement and shall
give notice thereof to every other joint patentee, and any such other
patentee may intervene as co-plaintiff and recover any damages in
respect of any damage he may have suffered as a result of the
infringement.
(5)
If in any proceedings under subsection (4) damages are awarded to a
plaintiff, he shall be awarded damages as if he were the sole
patentee, and the defendant shall not be obliged to compensate any
other joint patentee in respect of the infringement in question.
(6)
Where any dispute arises between joint patentees as to their
respective rights in or to a patent, the institution of proceedings
relating to the patent or the manner in which they should deal with the
patent or the patented invention, any joint patentee may apply to the
commissioner to decide the matter in dispute.
[Sub-s. (6) substituted by s. 42 of Act No. 38 of 1997.]
(7)
If in considering any application under subsection (6) the
commissioner is satisfied that a joint patentee, not being obliged
thereto, is unable or unwilling to remain a patentee, the commissioner
may order him to assign his rights to any other joint patentee able and
willing so to remain: Provided that where it appears to the
commissioner to be just and equitable, he may order the payment of
compensation to such joint patentee who is so ordered to assign his
rights.
(8)
In considering any application under subsection (6) the commissioner
shall, unless it appears to him that there are good reasons to the
contrary, resolve the dispute in a manner which will lead to the
preservation and exploitation of the patent.
CHAPTER VII
CORRECTIONS AND AMENDMENTS
50.
Correction of clerical errors and amendment of documents.
(1)
The registrar or the commissioner may authorize—
(a)
the correction of any clerical error or error in translation in any
patent, application for a patent or document lodged in
pursuance of such an application, or in the register;
(b)
the amendment otherwise of any document for the amending
of which no express provision is made in this Act.
(2)
A correction may be made in pursuance of this section, either upon a
request in writing accompanied by the prescribed fee or without such
a request.
(3)
Where it is proposed to make a correction otherwise than upon such a
request, the registrar shall give notice of the proposed correction to
the patentee or the applicant for the patent, as the case may be, and
to any other person who appears to him to be concerned, and shall
give any such person an opportunity of being heard before the
correction is made.