37. If the patentee desires to oppose the application, he
shall within such time as the Registrar may allow, lodge a
statement fully setting out the grounds on which the application is to be opposed and shall deliver to the applicant a
copy thereof.
38. The applicant shall, within such time as the Registrar
may allow, lodge evidence in support of his case and shall
deliver to the patentee a copy thereof.
39. Within such time as the Registrar may allow, the
patentee may lodge evidence in answer and shall deliver to
the applicant a copy thereof; and \vithin such time as the
Registrar may allow, the applicant may lodge evidence
confined to matters strictLy in reply and shall deliver to the
patentee a copy thereof.
40. No further evidence shall be lodged by either party
except by leave or on direction of the Registrar.
41. On completion of the evidence or at such other time
as he may see fit, the Registrar shall inform the applicant
thereof in writing and thereafter the case shall be deemed to
stand for the determination of the court.
42. (1) Where a case stands for the determination of the
court pursuan t to rule 41 of these Rules, the Registrar shall
require the applicant within two months, or such further
time as the Registrar shall allow, to make a written application to the court for an order granting a compulsory licence
to the applican t on any of the grounds enumerated in Part I
of the First Schedule.
(2) The applicant shall thereupon make his application or
take such other proceedings as aforesaid within the period
of two months above named or such further time as the
Registrar may allow, and shall also within the like period
give notice thereof to the Registrar.
(3) If the applicant shall fail to make such application or
to take such other proceedings, of which failure, or the
non-receipt by the Registrar of the said notice shall be
sufficient proof, the applicant shall be deemed to have
abandoned his application.
43. On the grant, cancellation or variation of the terms of
a compulsory licence by the court the proper officer of the
court shall transmit the necessary order to the Registrar who
shall register the grant, cancellation or variation without
fee.