(1) Any exclusive licensee within the meaning of section 45(2) may, by registered
letter, request the owner of the patent to institute legal proceedings for a specified relief
with request to any infringement specified by the licensee.
(2) The licensee may, if the owner of the patent refuses or fails to institute the
said proceedings within three months from the request, after giving notice to the owner
of the patent, institute such proceedings in his own name; the owner of the patent may
join in the proceedings and the licensee may also join the owner in the proceedings.
(3) Even before the end of the three month period referred to in subsection (2),
the court may, on the request of the licensee, grant an appropriate injunction to prevent
infringement or to prohibit its continuation, where the licensee shows that immediate
action is necessary to avoid substantial damage.
[s. 71]
PART XVI
UTILITY CERTIFICATES (ss 73-75)
73. Applicability of provisions relating to patents
(1) Subject to section 74, the provisions of Parts I to XV and XVII shall apply,
mutatis mutandis, to utility certificates or applications as the case may be.
(2) Where–
(i) the right to a patent conflicts with the right to a utility certificate in the case
referred to in section 14(3);
(ii) a patent and a utility certificate are interdependent within the meaning of section
54; or
(iii) recidivism is alleged having regard to section 70,
the said provisions shall apply as if the word "patent", wherever it occurs, were replaced
by the words "patent or utility certificate".
[s. 72]
74.
Special provisions relating to utility certificates
(1) An invention is eligible for a utility certificate if it is new and industrially
applicable.
(2) Sections 8 and 10 shall not apply in the case of inventions for which utility
certificates are requested.
(3) Section 27 shall not apply in the case of applications for utility certificates.
(4) Utility certificates shall be registered in a separate part of the register.
(5) A utility certificate shall expire, without any possibility of renewal at the end of
the seventh year after the date of the filing of the application.
(6) Section 39(1), (2) and (6) shall not apply in the case of utility certificates.
(7) In proceedings under section 64, the court shall invalidate the utility certificate
on any of the following grounds–
(a) that the claimed invention was not eligible for a utility certificate, having regard
to subsection (1) of this section and to sections 9 and 11 to 13;
(b) that the description and the claims do not comply with the requirements
prescribed by section 18(6) and (7) and the rules pertaining thereto;
(c) that any drawing which is necessary for the understanding of the invention has
not been furnished;
(d) that the person to whom the utility certificate was granted had no right to the
utility certificate, provided that the utility certificate has not been assigned to the
person who has the right to the utility certificate.