(4)
(5)
The holder of the non-voluntary licence shall (a)
have the right to exploit the patented invention in Mauritius according to
the terms set out in the decision issuing the licence;
(b)
commence the exploitation of the patented invention within the time limit
fixed in the said decision; and
(c)
thereafter, exploit the patented invention sufficiently.
Where (a)
the invention claimed in a patent (later patent) cannot be exploited in the
country without infringing a patent granted on the basis of an application
benefiting from an earlier filing or, where appropriate, priority date
(earlier patent); and
(b)
the invention claimed in the later patent involves an important technical
advance of considerable economic importance in relation to the invention
claimed in the earlier patent;
the Controller, upon the request of the owner of the later patent, may issue a nonvoluntary licence to the extent necessary to avoid infringement of the earlier
patent.
(6)
Where a non-voluntary licence is issued under subsection (5), the Controller, upon
the request of the owner of the earlier patent, shall issue a non-voluntary licence
in respect of the later patent.
(7)
In
the
case
of
a
request
for
the
issuance
of
a
non-voluntary
licence
under
subsections (5) and (6), subsection (3) shall apply mutatis mutandis with the
proviso that no time limit needs to be fixed.
(8)
In the case of a non-voluntary licence issued under subsection (5), the transfer
may be made only with the later patent, or, in the case of anon-voluntary licence
issued under subsection (6), only with the earlier patent.
(9)
The request for the issuance of a non-voluntary licence shall be subject to payment
of a prescribed fee.
(10)
Sections 23(2) to 23(12) shall apply mutatis mutandis to a non-voluntary licence
issued under this section.
25.
Invalidation
(1)
Any interested person may request the Tribunal to invalidate a patent.
(2)
The Tribunal may invalidate the patent where the person requesting the invalidation
proves
that
any
of
the
requirements
of
sections
11,12
and
14
have
not
been
fulfilled or where the owner of the patent is not the inventor nor his successor in
title.
(3)
Any invalidated patent or claim or part of a claim shall be regarded as null and
void from the date of the grant of the patent.
(4)
The final decision of the Tribunal shall be notified to the Controller who shall
record it and publish a reference thereto as soon as possible.