may impose, but including a condition that such licence shall be used only for
the purpose of permitting the dependent patent to be worked and for no other
purpose: Provided that the commissioner shall not grant such a licence
unless—
(a)
the invention claimed in the dependent patent involves an important
technical advance of considerable economic significance in relation to
the invention claimed in the prior patent;
(b)
the proprietor of the dependent patent granted the proprietor of the
prior patent on reasonable terms a cross-licence to use the invention
claimed in the dependent patent; and
(c)
the use authorised in respect of the prior patent is not assignable
except with the assignment of the dependent patent.
[S. 55 amended by s. 44 of Act No. 38 of 1997.]
56.
Compulsory licence in case of abuse of patent rights.
(1)
Any interested person who can show that the rights in a patent are
being abused may apply to the commissioner in the prescribed
manner for a compulsory licence under the patent.
[Sub-s. (1) substituted by s. 45 (a) of Act No. 38 of 1997.]
(1A)
......
[Sub-s. (1A) inserted by s. 2 (a) of Act No. 76 of 1988 and deleted by s. 45 (b) of Act
No. 38 of 1997.]
(2)
The rights in a patent shall be deemed to be abused if—
(a)
the patented invention is not being worked in the Republic on a
commercial scale or to an adequate extent, after the expiry of
a period of four years subsequent to the date of the application
for the patent or three years subsequent to the date on which
that patent was sealed, whichever period last expires, and
there is in the opinion of the commissioner no satisfactory
reason for such non-working;
(b)
......
[Para. (b) deleted by s. 45 (b) of Act No. 38 of 1997.]
(c)
the demand for the patented article in the Republic is not being
met to an adequate extent and on reasonable terms;
(d)
by reason of the refusal of the patentee to grant a licence or
licences upon reasonable terms, the trade or industry or
agriculture of the Republic or the trade of any person or class
of persons trading in the Republic, or the establishment of any
new trade or industry in the Republic, is being prejudiced, and
it is in the public interest that a licence or licences should be
granted; or
(e)
the demand in the Republic for the patented article is being
met by importation and the price charged by the patentee, his
licensee or agent for the patented article is excessive in
relation to the price charged therefor in countries where the
patented article is manufactured by or under licence from the
patentee or his predecessor or successor in title.