Act 3
Industrial Property Act
2014
(15) An order which relates to the exploitation of an invention in
the field of semi-conductor technology shall only be made where the
court has determined that the manner of exploitation of the patented
invention by the owner of the patent or his or her licensee is not
competitive and the Minister is satisfied that the issue of the order
would remedy that practice.
(16) A person who is aggrieved by a decision of the Minister
under this section may appeal to the court.
67. Transfer of patent in connection with illegally accessed
genetic resources.
(1) The Minister is entitled to claim proprietary interests in any
patent application filed or granted that does not comply with sections
21(6) and 21(7) as regards genetic resources.
(2) The Minister shall notify the registrar to assign to the ministry,
or to any agency or entity designated by the competent authority, a share
in the application or in the resulting patent, which shall not be less than
twenty percent of the ownership of the claimed invention.
(3) Where the non compliance with violation with sections 21(6)
and 21(7) as regards genetic resources generates strong public concern
and is likely to give rise to breach of morality and public order, the
competent authority, if vested with the total ownership of the application
or the resulting patent, may withdraw the application or abandon the
patent, so that the claimed invention falls into the public domain.
(4) This section shall apply without prejudice to the application
of sections 102(9) and 102(10).
PART XII—UTILITY MODELS
68. Applicability of provisions relating to patents.
(1) Subject to this section, Parts III, IV, V, VII, VIII, IX, X, XI,
XV and XVI shall apply, with the necessary modifications, to utility
model certificates or applications for them, as the case may be.
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