(3) A compulsory licence shall not be granted in respect of a patent if the owner
of the patent satisfies the court that his actions in relation to the patented invention are
justifiable in the circumstances.
[s. 52]
54. Compulsory licences for interdependence of patents
(1) Where a patented
invention cannot be worked without infringing rights derived from an earlier patent the
owner of the later patent may, in proceedings instituted by him against the owner of the
earlier patent or in proceedings instituted against him by the latter owner, request the
court at any time for the grant of a compulsory licence with respect to the earlier patent
to the extent necessary for the working of his invention if the invention–
(a) serves industrial purposes different from those served by the invention which is
the subject of the earlier patent; or
(b) constitutes substantial technical progress in relation to that last mentioned
invention.
(2) If the two inventions mentioned in subsection (1) serve the same industrial
purposes, a compulsory licence may be granted under that subsection only on condition
that a compulsory licence shall also be granted in respect of the later patent to the owner
of the earlier patent if he so requests.
(3) In this section, "earlier patent" means a patent granted on an earlier
application or benefiting from an earlier validly claimed priority date, and "later patent"
shall be construed accordingly.
[s. 53]
55. Compulsory licences for products and processes of vital importance (1) The
Minister may, by order published in the Gazette, direct that, for a patented invention
concerning a certain kind of product, or a process for the manufacture of such a product,
declared in the order to be of vital importance for the defence or for the economy or for
public health, a compulsory licence may be granted.
(2) A compulsory licence with respect to any product or process specified in the
order referred to in subsection (1) may be requested at any time after the grant of the
relevant patent, in court proceedings instituted against or by the owner of the said
patent.
[s. 54]
56.
Preconditions to grant of compulsory licences
A compulsory licence shall not be granted unless the person requesting such
licence–
(a) satisfies the court that he has asked the owner of the patent for a contractual
licence but has been unable to obtain such a licence on reasonable terms and
within a reasonable time, and
(b) offers guarantees satisfactory to the court to work the relevant invention
sufficiently to remedy the deficiencies or to satisfy the requirements, which gave
rise to his request.
[s. 55]
57.
Grant and terms of compulsory licences
(1) In considering a request for a compulsory licence, the court shall first decide
whether a compulsory licence may be granted and shall then, if it decides in favour of
the grant and taking into account any terms agreed by the parties, proceed to fix the
terms, which shall be deemed to constitute a valid contract between the parties and shall