Act 3
Industrial Property Act
2014
61. Grant and terms of compulsory licences.
(1) When considering a request for a compulsory licence, the
Ministet shall decide whether a compulsory licence may be granted
and shall, if it decides in favour of the grant and after taking into
account any terms agreed by the parties, proceed to fix the terms
which shall be taken to constitute a valid contract between the parties
and shall be governed by the provisions on contractual licences.
(2) When fixing the terms under subsection (1), the Minister
shall ensure that the compulsory licence—
(a) is limited, in scope and duration, to the purpose for which
it was authorized, and in the case of semi-conductor
technology, shall only be for public non-commercial use or
to remedy a practice determined after a judicial or
administrative process to be anti-competitive;
(b) is limited predominantly for the supply of the regional
market;
(c) does not entitle the licensee to grant further licences
without the consent of the owner of the patent;
(d) is non-exclusive; and
(e) provides for the payment to the owner of the patent of
remuneration which is equitable having regard to all the
circumstances of the case, including the economic and
social value of the licence.
(3) A representative of the registrar and the patent owner shall
have the right to appear and be heard at the hearing before the
Minister of an application for a compulsory licence.
62. Transfer of compulsory licence.
A compulsory licence may be transferred only with that part of the
industrial undertaking or its goodwill, in which the relevant invention
is used and the transfer shall not be valid until the consent of the
Minister is obtained.
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