The Industrial Property Act, 2001
32
licensee may not grant permission to any third person to do any of the acts
referred to in section 54.
Right of licensor
to grant further
licences and use
of the invention
65. (1) In the absence of any provision to the contrary in the licence contract,
the licensor may grant permission to any third person to do, or may himself
do, any of the acts which constitute exercising the rights of ownership.
(2) If the licence contract provides that such contract or the permission
granted by it is exclusive, the licensor may neither grant permission to any
third person to do any of the acts referred to in section 54 and covered by the
licence contract, nor himself do any of those acts, and the licensee shall be
considered an exclusive licensee for the purposes of this Act.
Effects of patent
not being
granted, revoked
or being
invalidated
66. Where, before the expiration of the licence contract any of the following
events occurs with respect to any application or patent referred to in that
contract: -
(a) the application is withdrawn;
(b) the application is finally rejected;
(c) the patent is finally revoked or declared invalid;
the Tribunal may make any order it deems reasonable under the
circumstances for the repayment of the royalties, or the return of any
consideration paid or given under the contract, directly relating to such
application or patent.
Form of licence
contracts
67. All licence contracts shall be in writing and shall be signed by the parties
thereto.
Petition for
registration
68. (1) All licence contracts, including modifications thereof, shall be
submitted to the Institute for registration in the Patent Register.
(2) A petition for registration under subsection (1) may be made by any
party to the contract, and shall be accompanied by such documents and fees
as may be prescribed.
(3) The Managing Director shall issue to the applicant a receipt, which shall
be proof of the fact of filing the petition and of the date on which it was filed
and if no receipt is issued within fourteen days from the date of the petition,
the petitioner may rely on other evidence to prove the fact and date .
(4) Where: (a) section 67 or subsections (2) to (4) of this section, and the rules relating
thereto, have not been complied with; or
(b) the licence contract cannot be registered under section 69, the Managing