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No. 10
(5)
Patents and Industrial Designs Act
2012
Where(a) the invention claimed in a patent cannot be
exploited in Sierra Leone without infringing a
patent granted on the basis of an application
benefiting from an earlier filing or where
appropriate, priority date: and
(b) where the invention claimed in the later patent
involves an important technical advance of
considerable economic importance in relation
to the invention claimed in the earlier patent,
the Court, upon the request of the owner of the later patent, may
issue a non-voluntary licence to the extent necessary to avoid
infringement of the earlier patent.
(6) Where a non-voluntary licence is issued under
subsection (5), the Registrar, upon request of the owner of the earlier
patent, shall issue a non-voluntary licence in respect of the later
patent.
(7) In the case of a request for the issuance of a nonvoluntary licence under subsections (5) and (6), subsection (3) shall
apply with such modifications as are necessary, provided that no
time line shall be specified.
(8) In the case of non-voluntary licence issued under
subsection (5), the transfer may be made only with the later patent,
and, in the case of non-voluntary licence issued under subsection
(6), only with the earlier patent.
(9) The request for the issuance of a non-voluntary
licence shall be subject to the payment of the prescribed fee.
(10) Subsection (4) to 12 of Section 26 shall apply with
such modifications as are to this section.
Remuneration
to owner of
patent.
28. The exploitation of an invention shall be subject to the
payment to the owner of the patent of adequate remuneration, taking
into account the economic value of the invention.
No. 10
Patents and Industrial Designs Act
2012
21
29. Upon request of the owner of the patent, the Government Variation of
agency or of the third person authorised to exploit the patented authorisation.
invention, the Minister may, after hearing the parties, if either or both
wish to be heard, vary the terms of the decision authorising the
exploitation of the patented invention to the extent that changed
circumstance justify such variation.
30. (1) Upon the request of the owner of the patent, the Minister Termination
shall terminate the authorisation if he is satisfied, after hearing the of
parties, if either or both wish to be heard, that the circumstances authorisation.
which led to his decision have ceased to exist and are unlikely to
recur or that the Government agency or third person designated by
him has failed to comply with the terms of the decision.
(2) Notwithstanding subsection (1), the Minister shall not
terminate the authorisation if he is satisfied that the need for adequate
protection of the legitimate interests of the Government agency or
third person designated by him justifies the maintenance of the
decision.
31. Where a third person has been designated by the Minister, Transfer of
the authorisation may only be transferred with the enterprise or authorisation.
business of that person or with the part of the enterprise or business
within which the patented invention is being exploited.
32. (1) The exploitation shall be limited to the purpose for Scope of
authorisation.
which it was authorised.
(2) � The authorisation shall not exclude (a) � the conclusion of licence contracts by the
owner of the patent; or
(b) � the continued exercise, by the owner of the
patent, of his rights under subsection (2) of
section 22.
(3) The exploitation of the invention by the Government
agency or the third person designated by the Minister shall be
predominantly for the supply of the market in Sierra Leone.