(c) that the working of the patented invention within the Democratic
Republic of the Sudan is being prevented or hindered by the importation
of the patented article;
(d) that, by reason of the refusal of the registeted owner of the patent to
grant licenses on reasonble terms, the establishment or development of
industrial or commercial activities in the Democratic Republic of the Sudan
is unfairly and substantially prejudiced.
(2) In all the above cases, a compulsory license shall not be granted it the
owner of the patent proves that his actions in respect of the patented
invention are legitimately justifiable in the circumstances. Importation
shall not constitute a legitimate reason.
(3) The working of a patented invention under this Section means the
manufacture of a patented article, the application of a patented process,
or the use in manufacture of a patented machine, by an effective and
serious establishment existing within the Democratic Republic of the
Sudan, and on a scale which is adequate and reasonable in the
circumstances.
(4) A compulsory license shall permit the Licensee to perform some or all
tne acts referred to in Section 21 with the exception of importation.
35. Compulsory License for Products and Processes Declared to be of Vital
Importance for the Defense or Economy of the Country or for Public
Health:
The Minister may, by order, provide that, for certain patented products or
processes, or for certain categories of such products amd processes,
which are declared by that order of vital importance for the defense or the
economy of the Democratic Republic of the Sudan or for public health,
compulsory licenses may be granted, in the conditions provided for in
Section 34, evem before the expiration of the period mentioned in
subsection (1) of that Section and even for importation into the
Democratic Republic of the Sudan.
36. Compulsory Licenses Based Upon Inter-Dependence of Patents:
(1) If an invention protected by a patent within the Democratic Republic of
the Sudan cannot be worked without infringing rights deriving from
apatent granted on a prior application or benefiting from an earlier
priority, a compulsory license may, upon application, be granted under the
conditions specified in Section 44 to the registered owner of the later
patent, to the extent necessary for the working of his invention, insofar as
such invention serves industrial purposes different from those of the
invention forming the subject of the earlier patent, or constitutes
noteworthy technical progress in relation to it.