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No. 10
Patents and Industrial Designs Act
2012
(2) If the licence contract provides that such contract or
the permission granted by it is exclusive, the licensor may neither
grant to any third person to do any of the acts referred to in sections
22 and 57 and covered by the licence contract, or do himself any of
those acts; and the licensee shall be considered as an exclusive
licensee for the purposes of this Act.
Surrender of
patent or
industrial
designs.
64.
owner.
(1) A patent or industrial design may be surrendered by its
(2) The surrender may be limited to one or more claims of
the patent or industrial design.
(3) The surrender shall promptly be recorded in the
Register and published by the Registrar and the surrender shall be
effective only after it has been published.
(4) If a licence has been recorded in the Register, surrender
of the patent or industrial design shall only be registered upon the
submission of a declaration by which the licensee consents to the
surrender, unless the licensee expressly waived this right in the licence
contract.
Invalidation
of patent or
industrial
designs.
65. (1) Any interested person may request the court to
invalidate a patent or industrial designs.
(2) The court shall invalidate the patent or industrial
design if the person requesting the invalidation proves that the patent
or industrial design is not patentable or registrable under this Act or
if the owner of the patent is not the inventor or his successor in title
or if the owner of the industrial design is not the creator or his
successor-in-title.
(3) Any invalidated patent or industrial design or claim or
part of a claim, shall be void from the date of the grant of the patent or
industrial design.
(4) The decision of the court shall be notified to the
Registrar who shall record it and publish a reference to it as soon as
possible.
No. 10
Patents and Industrial Designs Act
33
2012
66. (1) The Registry shall maintain a register for patents and Registrar to
keep register
utility model certificates.
(2) All the recordings provided for under this Act shall
be recorded in the register.
of patents and
utility model
certificates.
(3) The register shall be open to the public and a person
may obtain an extract from the register in the prescribed manner.
67. (1) The Registrar shall maintain separate registers for Registers of
patents and
patents and industrial designs.
(2) The Registers may be consulted by any person, and
any person may obtain extracts from the Registers under the
prescribed conditions.
industrial
designs
68. The Registrar may correct any error of translation or Correction of
transcription, clerical error or mistake in any application or document errors.
filed with the Registry or in any recording effected pursuant to this
Act.
69. Where the Registrar is satisfied that the circumstances Extention of
justify it, he may, upon receiving a written request, extend the time for time.
doing any act or taking any proceeding under this Act, upon notice
to the parties concerned and upon the terms as the Registrar may
direct.
70. The Registrar shall publish in the Gazette all the Publication in
the Gazette
publications provided for in this Act.
71. Subject to subsection (1) of section 23 and subsection (3) Infrigement.
of section 50, an infringement shall consist of performance of any act
referred to in sections 22 and 57 in Sierra Leone by a person other
than the owner of the title of protection and without the consent of
the owner.
72. On the request of the owner of the patent or industrial Relief.
design, the court may grant-