be governed by the provisions of Part X.
(2) In fixing the terms under subsection (1), the court shall ensure that the
compulsory licence–
(a) entitles the licensee to do any act which is mentioned in section 36, except that
this shall not apply to importation unless a request was made under section 55;
(b) does not entitle the licensee to grant further licences, without the consent of the
owner of the patent;
(c) is non-exclusive; and
(d) provides for the payment to the owner of the patent of remuneration which is
equitable with due regard to all the circumstances of the case.
(3) A representative of the Registrar shall have the right to appear and be heard
at the hearing of an application for a compulsory licence.
[s. 56]
58. Transfer of compulsory licences
A compulsory licence may be transferred
only with the industrial or commercial undertaking in which the relevant invention is
used, and no such transfer shall be valid until the consent of the court has been
obtained.
[s. 57]
59. Cancellation of compulsory licences and variation of terms
(1) On the
application of the owner of the patent, the court may cancel a compulsory licence if–
(a) the licensee fails to comply with the terms of the licence;
(b) the conditions which justified the grant of the licence have ceased to exist, so
however that in the latter case a reasonable time shall be given to the licensee
to cease working the relevant invention if an immediate cessation would cause
him to suffer substantial damage.
(2) On the application of the Registrar, the court shall, and on the application of
the owner of the patent, the court may, cancel the compulsory licence if, within two years
from the grant of the licence, the licensee has not taken the necessary steps to work the
relevant invention sufficiently so as to remedy the deficiencies or to satisfy the
requirements which gave rise to the owner's request for the said licence.
(3) On the application of the owner of the patent or the licensee, the court may
vary the terms of a compulsory licence if new facts justify the variation, and in particular
and without prejudice to the generality of the foregoing if the patentee has granted
contractual licences on more favourable terms.
[s. 58]
60.
Registration of grants, cancellation or variation
Where the court grants, cancels or varies the terms of a compulsory licence, the
court shall inform the Registrar, who shall register without fee in the register the grant,
cancellation or variation of the compulsory licence.
[s. 59]
PART XII
LICENCES OF RIGHT (s 61)
61.
Licences of right
(1) The owner of a patent may request the Registrar to make an entry in the
register to the effect that licences under the patent are to be available as of right.
(2) The request shall be notified by the Registrar to the licensees under the
patent.