the date of the conclusion of the contract; or
in all other cases, on the date of the petition.
(4) Where the petition is corrected or the licence contract is amended under
section 48(7), the petition shall, for the purposes of this subsection, be deemed to have
been made on the date when such correction or amendment was made.
(5) The registration and the certificate shall state–
(a) the names of the parties to the contract, and of the licensee if he is not a party;
(b) the date of the registration;
(c) the date of the petition; and
(d) the registration number,
all of which shall be published in the Gazette.
[s. 49]
(b)
51.
Confidentiality
The contents of the contract shall be confidential, unless both parties to the
contract agree to permit access thereto by third parties and then only to the extent of the
permission granted.
[s. 50]
52.
Remedies
An appeal against a decision of the Registrar under section 48(6) may be made
to the court by the petitioner within two months of the Registrar's refusal provided that
the grounds of such an appeal shall be limited to the following grounds–
(a) that the decision for refusal contains no statement of the reasons for refusal;
(b) that none of the reasons for refusal specified in the decision is a valid reason
under this Act or was rightly applied to the petition or to the licence contract;
and
(c) that the procedure applied by the Registrar was irregular and prejudicial to the
rights of the petitioner.
[s. 51]
PART XI
COMPULSORY LICENCES (ss 53-60)
53. Compulsory licence for non-working and similar reasons
(1) At any time after four years from the filing date of an application or three
years from the grant of a patent, whichever period last expires, any person may, in
proceedings instituted by him against him by the said owner, request the court for the
grant of a compulsory licence on any of the following grounds that is to say–
(a) that the patented invention, being capable of being worked in the United
Republic has not been so worked;
(b) that the existing degree of working of the patented invention in the United
Republic does not meet in reasonable terms the demand for the patented
product on the domestic market or for the purposes of exportation;
(c) that the working of the patented invention in the United Republic is being
hindered or prevented by the importation of the patented product; and
(d) that, by reason of the refusal of the owner of the patent to grant licences on
reasonable terms, the establishment or development of industrial or commercial
activities in the United Republic, or the possibilities of exportation from the
United Republic, are unfairly and substantially prejudiced.
(2) Where the patented invention is a process, the phrase "patented product" in
subsection (1) means a product obtained directly by means of the process.