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 shall also be so endorsed.
(7)
54.
55.
Every endorsement of a patent in terms of this section shall be
recorded in the register and shall be advertised in the journal and in
such other manner as the registrar may direct, to bring the
endorsement to the notice of interested persons.
Cancellation of endorsement on patent.
(1)
At any time after a patent has been endorsed in terms of section 53,
the patentee may apply to the registrar for the cancellation of the
endorsement.
(2)
Where such an application is made and the balance paid of all
renewal fees which would have been payable if the patent had not
been endorsed, the registrar may, if he is satisfied that there is no
existing licence under the patent or that all licensees under the patent
consent to the cancellation, cancel the endorsement.
(3)
Within the prescribed period after a patent has been endorsed in
terms of section 53, any person who claims that the patentee is, and
was at the time of the endorsement, precluded by a contract in which
the claimant is interested from granting licences under the patent, may
apply to the registrar for cancellation of the endorsement.
(4)
Where the registrar is satisfied, on an application under subsection
(3), that the patentee is and was precluded as aforesaid, he shall
cancel the endorsement, and thereupon the patentee shall pay to the
registrar, within such period as may be prescribed, a sum equal to the
balance of all renewal fees which would have been payable if the
patent had not been endorsed and, if that sum is not paid within that
period, the patent shall lapse at the expiry of that period.
(5)
An application for the cancellation of the endorsement of a patent of
addition shall be dealt with as an application for the cancellation of the
endorsement of the patent for the main invention also, and an
application for the cancellation of the endorsement of a patent in
respect of which a patent of addition is in force shall be dealt with as
an application for the cancellation of the endorsement of the patent of
addition also.
(6)
Where the endorsement of a patent is cancelled under this section,
the rights and liabilities of the patentee shall thereafter be the same as
if the endorsement had not been made.
Compulsory licences in respect of dependent patents.
Where the working of a patent (hereinafter referred to as a dependent patent)
without infringement of a prior patent is dependent upon the obtaining of a
licence under that prior patent, the proprietor of the dependent patent may, if
agreement cannot be reached as to such licence with the proprietor of the
prior patent, apply to the commissioner for a licence under the prior patent,
and the commissioner may grant such a licence on such conditions as he