the said contract, directly relating to only such application or patent.
[s. 45]
47.
Form of licence contracts
No licence contracts shall be valid unless made in writing and signed by the
parties thereto.
[s. 46]
(1) All licence contracts, including modifications
48. Petition for registration
thereof, shall be submitted to the Registrar for registration in the patent register.
(2) A petition for registration may be made by any party to the contract.
(3) The petition shall be accompanied by the documents prescribed by the
regulations.
(4) The petition shall be subject to the payment of a prescribed fee.
(5) The Registrar 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; if no receipt is issued within
fourteen days from the date of the petition, the petitioner may rely on other evidence to
prove the said fact and date.
(6) Where–
(a) section 47 or subsections (2) to (4) of this section, and the rules relating thereto,
have not been complied with; or
(b) the licence contract is unregistable under section 49, the Registrar shall refuse
to register the licence contract, stating the reasons for such refusal.
(7) Before he refuses to register the licence contract, the Registrar shall notify the
petitioner and allow the parties to–
(i) submit any observations;
(ii) correct any defect in the petition;
(iii) amend any term, or to correct any defect, in the licence contract that has been
declared by the Registrar to be a term or defect precluding registration,
within forty-five days from the date of the notification referred to herein.
(8) A licence contract shall be void if the registration has been refused by the
Registrar in accordance with the provisions of this Act.
[s. 47]
49.
Prohibited terms in licence contracts
The Registrar may, with the approval of and after consultation with other
competent government authorities, refuse to register a licence contract if the effect of its
terms is to–
(a) permit or require the importation of technology from abroad when substantially
similar or equivalent technology may be obtained on the same or more
favourable conditions without importation from abroad;
(b) require payment of a price, royalty or other consideration which is
disproportionate to the value of the technology to which the contract relates;
(c) require the licensee to acquire any materials from the licensor or from sources
designated or approved by him, unless it is otherwise impossible, for all
practical purposes, to ensure the quality of the products to be produced;
(d) prohibit the licensee from acquiring, or to restrict his acquisition of, any
materials from any source, unless it is otherwise impossible, for all practical
purposes, to ensure the quality of the products to be produced;
(e) prohibit the licensee from using, or to restrict his use of, any materials which are
not supplied by the licensor or by sources designated or approved by him,