(11)
......
[Sub-s. (11) deleted by s. 45 (h) of Act No. 38 of 1997.]
(12)
......
[Sub-s. (12) deleted by s. 45 (h) of Act No. 38 of 1997.]
(13)
(a)
The commissioner may, when ordering the grant of a licence
under subsection (4) (a), award costs against the applicant or
patentee concerned or any person opposing the relevant
application.
(b)
In so awarding costs, the commissioner shall inter alia have
regard to—
(i)
(ii)
(14)
57.
the nature and extent of the abuse found by him to
have been established; and
whether the application for a licence under this section
might have been avoided by the grant, by the patentee
concerned to the applicant, of a voluntary licence on
reasonable terms.
For the purposes of this section the expression “patented article”
includes any composition of matter or any product of a patented
process or method or any product produced by a patented machine.
Termination of contracts relating to licences.
(1)
Any contract, in so far as it relates to a licence under a patent to
make, use, exercise, offer to dispose of, dispose of or import a
patented invention, shall terminate on the date on which the patent
under which the licence was granted expires, is revoked or otherwise
ceases to protect such invention: Provided that where the contract
relates to licences under more than one patent, such part of the
contract as relates to any particular licence shall terminate when the
patent under which it was granted expires, is revoked or otherwise
ceases to protect the invention concerned, and that the contract as a
whole shall terminate when all the patents under which all such
licences were granted and which were in force at the time when the
contract became operative, expire, are revoked or otherwise cease to
protect the relevant inventions.
[Sub-s. (1) substituted by s. 10 of Act No. 58 of 2002.]
(2)
58.
Nothing in this section shall affect any right to terminate a contract or a
condition in a contract independently of this section.
Effect of licence.
In default of an agreement to the contrary—
(a)
a licence to make a patented article shall carry with it the right to use
or offer to dispose of or dispose of the patented article; and
[Para. (a) substituted by s. 11 of Act No. 58 of 2002.]
(b)
a licence to use or exercise a patented process shall carry with it the
right to make, use or offer to dispose of or dispose of the product of
the process.