42.
Joint ownership of applications and patents
In the absence of any agreement to the contrary between the parties, joint
owners of an application or a patent, may separately transfer their shares in the
application or the patent, exploit the patented invention and preclude any person from
exploiting the patented invention but may only jointly grant permission to any third
person to do any of the acts referred to in section 36.
[s. 41]
PART X
CONTRACTUAL LICENCES (ss 43-52)
43.
Interpretation
(1) "Licence contract" means any contract by which a party grants permission to
another person to do any of the acts referred to in section 36 in respect of an invention
for which a patent has been granted or an application is pending.
(2) For the purposes of this Part–
(a) "licensor" means the party to the licence contract who grants the permission;
(b) "licensee" means the person to whom the said permission is granted;
(c) "third person" means a person other than the licensor or the licensee;
(d) the phrase "acts referred to in section 36" includes those acts where they relate
to an application.
[s. 42]
44. Rights of licensee
(1) In the absence of any provision to the contrary in the
licence contract, the licensee shall be entitled to do in respect of the invention all the
acts referred to in section 36 without limitation as to the time, in Tanzania, and through
any field of use of the invention.
(2) In the absence of any provision to the contrary in the licence contract, the
licensee may not grant permission to any third person to do any of the acts referred to in
section 36.
[s. 43]
45.
Rights of licensor to grant further licences and to use the invention
(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, and may himself do, any of the
acts referred to in section 36 and covered by the said contract.
(2) If the licence contract provides that such contract or the permission granted
by it, is exclusive, and unless it is expressly provided otherwise in the licence contract,
the licensor may neither grant permission to any third person to do any of the acts
referred to in section 36 and covered by the said contract, nor do himself any of those
acts, and the licensee shall be considered an exclusive licensee for the purposes of this
Act.
[s. 44]
46.
Effects of non-grant or invalidation of patent
Where, before the expiration of the licence contract–
(a) the application is withdrawn;
(b) the application is finally rejected;
(c) the grant of a patent is finally refused; or
(d) the patent is finally declared invalid,
the court may make any order that it deems reasonable under the circumstances for the
repayment of the royalties, or the return of any other consideration, paid or given under