(3) Any licensee may, within the prescribed time limit, object to the entry
requested, on the ground that the owner of the patent is, by the relevant licence contract,
precluded from granting further licences.
(4) Where the Registrar receives no objection under subsection (3) or considers
all objections made to be unfounded, he shall make the requested entry in the register
and shall publish the entry, in the Patents Journal.
(5) While a patent is the subject of an entry under this section, any person may
require the owner of the patent to grant to that person a non-exclusive licence under the
patent on terms which, in the absence of agreement between the parties, shall be fixed
by the court.
(6) The amount of the annual fees with respect to a patent which is the subject of
an entry under this section, falling due after the date of the entry, shall be reduced by
half.
(7) The owner of the patent may at any time request the Registrar to cancel an
entry under this section, and the Registrar shall cancel the entry after payment of the
balance of all annual fees which would have been payable if no entry had been made
provided that the Registrar shall publish the cancellation of entries under this section.
(8) Subsection (3) of section 59 shall apply mutatis mutandis where the terms of
a licence granted under subsection (5) have been fixed by the court.
(9) Licences granted under subsection (5) are contractual licences within the
scope of Part X.
[s. 60]
PART XIII
EXPLOITATION OF PATENTED INVENTION BY OR THROUGH GOVERNMENT (s
62)
62. Exploitation of patented invention by or through Government (1) Where a
vital public interest (in particular, national security, health or the development of vital
sectors of the public economy) requires that one or more acts referred to in section 36
be performed with respect to a patented invention, the Minister may decide that the
patented invention shall, even in the absence of the authorisation of the owner of the
patent, be exploited by a government agency or by a third person designated by the
Minister subject to the payment of a remuneration to the owner of the patent.
(2) The Minister shall take his decision in accordance with subsection (1) after
consultation with the Registrar and after a hearing to which the patent owner and any
licensee shall be invited.
(3) Once the decision of the Minister has been taken, the Registrar shall fix the
amount of the remuneration to be paid to the owner of the patent, such remuneration
being equitable with due regard to all the circumstances of the case.
(4) The owner of the patent may appeal to the court against the decision of the
Registrar fixing the amount of remuneration referred to in subsection (3) but such appeal
shall not suspend the effects of the decision referred to in subsection (1).
[s. 61]
63.
PART XIV
SURRENDER, INVALIDATION AND REVOCATION (ss 63-65)
Surrender of patents (1) A patent may be surrendered by its owner.
(2) The surrender of a patent may be limited to one or more claims.