43. Amendment and Cancellation of Compulsory License:
(1) Upon the request of the registered owner of the patent or of the
licensee of the compulsory license, the terms of the license may be
amended by the authority which granted it when new facts so justify, in
particular when the registered owner of the patent grants contractual
licenses on terms more favorable to the contractual licensees.
(2) At the request of the registered owner of the patent, the compulsory
license may be cancelled if the licensee does not comply with the
prescribed terms of the license or if the conditions which justified the
grant of the compulsory license have ceased to exist; in the latter case, a
reasonable tine shall be given to the licensee to cease working the
invention if an immediate stoppage would cause serious damage to him.
(3) Sections 42 and 44 shall be applicable to the amendment and
cancellation of compulsory licenses.
44. Procedure:
(1) Any application for a compulsory license shall be made to the Court.
(2) The Registrar of the Court shall invite, by registered letter, the
applicant for the compulsory license and the registered owner of the
patent to appear or to be represented before the Court within a
reasonable time; the Court shall hear the party or parties or their
representatives who have appeared. before granting a compulsory license,
the Court shall seek the advice of the Minister, who may delegate a
representative to intervene at the hearing and to make any pertinent
observations.
(3) The Court shall first decide whether a compulsory license may be
granted. If it finds that it may be granted, it will give the parties
reasonable time to agree on the terms. If there is no agreement between
the parties when the time limit expires, the Court shall fix the terms,
including the amount of royalties referred to in section 40. The terms of a
compulsory license, including those relating to royalties, shall be
considered to constitute a valid contract between the parties.
(4) The decision of the Court granting a compulsory license shall be
notified by the Registrar of the Court to each of the parties involved and
to the Patent Office.
Chapter 10: Licenses of Right
45. Licenses of Right:
(1) Any registered owner of a patent not precluded by the terms of any
previously registered license from granting further licenses may apply to
the Patent Office to have, in respect of his patent, the mention ‘licenses of
right” entered in the Register. The mention shall he entered in the