(2) If the two inventions serve the same industrial purpose, a compulsory
license shall be granted only if a license is granted in respect of the later
patent to the registered owner of tne earlier patent, if he so requests.
37. Refusal of Contractual License:
Any person who applies for a compulsory license under Sections 34, 35 or
36 must furnish proof showing that he has previously approached the
registered owner of the patent, by registered letter, requesting a
contractual license, but hasbeen unable to obtain such a license from him
on reasonable terms and within a reasonable time.
38. Guarantee Required from Applicant for a Compulsory License:
In the cases provined for in Sections 34 and 35, a compulsory license shall
be granted only to an applicant offering the necessary guarantees to work
the invention sufficiently to remedy the deficiencies or to satisfy the
requirements which gave rise to the application for the compulsory
license.
39. Scope of Compulsory Licenses:
(1) Compulsory licenses shall be non-exclusive.
(2) The terms of a compulsory license, fixed in accordance witn Section
44, may contain obligations and restrictions botn for the licensee and for
the registered owner of the patent.
40. Compensation: A compulsory license shall only be granted subject to
the payment of adequate royalties commensurate with the extent to which
the invention is worked.
41. Transfer of Compulsory License:
(1) A compulsory license may only be transferred with the undertaking of
the licensee or with that portion of his undertaking which uses the
patented invention. Any such transfer shall, on pain of invalidity, requite
the authorization of the authority which granted the compulsory license.
(2) Sections 42 and 44 shall be applicable to the transfer of a compulsory
license.
(3) The grantee of a compulsory license shall not be entitled to grant
sublicenses.
42. Registration of Compulsory License:
Every compulsory license shall, either at the request of the interested
party or following notification to the Patent Office provided for in
subsection 44(4), be registered at the Patent Office without fee. The
license shall have no effect as against third parties until such registration.