In the absence of any provision to the contrary in the license contract, a
license contract shall not be assignable to third parties and the licensee
shall not be entitled to grant sublicenses.
32. License Contracts Involving Payments Abroad:
In view of the country’s needs and its economic development, the Minister
may, by order, provide that on pain of invalidity, license contracts or
certain categories of them, and amendments or renewals of such
contracts, which involve the payment of royalties abroad, shall require his
previous approval.
33. Invalid Clauses in License Contracts:
(1) Clauses in license contracts or relating to such contracts shall be null
and void insofar as they impose upon the licensee, in the industrial or
commercial field, restrictions not deriving from the rights conferred by the
patent.
(2) The following in particular shall be deemed not to constitute such
restrictions:
(a) limitations concerning the degree, extent, quantity, territory or
duration of exploitation of the subject of the patent;
(b) limitations justified by the interest of the licensor in the technically
flawless exploitation of the subject of the patent;
(c) the obligation imposed upon the licensee to abstain from all acts
capable of impeding or preventing the grant of the patent or prejudicing
its validity.
Chapter Nine: Compulsory Licenses
34. Compulsory License for Non-Working and Similar Reasons:
(1) At any time after the expiration of a period of four years from the date
of the filing of an application for a patent, or three years from the date of
the grant of a patent, whichever period expires last, any person interested
may, in accordance with the conditions specified in Section 44, apply for
the grant of a compulsory license upon one or more of the following
grounds:
(a) that the patented invention, capable of being worked witnin the
Democratic Republic of the Sudan, has not been so worked within the
terms of subsection (3);
(b) that the working of the patented invention within the Democratic
Republic of the Sudan does not meet on reasonable terms the demand for
the product;