Act 3
Industrial Property Act
2014
63. Cancellation of compulsory licence.
(1) On the application of an interested party, the Minister may
cancel a compulsory licence if—
(a) the licensee fails to comply with the terms of the licence; or
(b) the conditions which justify the grant of the licence have
ceased to exist and are unlikely to recur;
but the legitimate interests of the licensee shall be adequately
protected.
(2) On the application of the owner of the patent, the Minister
may cancel the compulsory licence if, within two years from the grant
of the licence, the licensee has not taken the necessary steps to work
the relevant invention sufficiently so as to remedy the deficiencies or
to satisfy the requirements which gave rise to his or her application
for the licence.
(3) On the application of the owner of the patent or the licensee,
the Minister may vary the terms of a compulsory licence if new facts
on the owner’s part justify the variation and in particular if the patent
owner has granted a contractual licence on more favourable terms.
64. Registration of grant, cancellation or variation.
Where the Minister grants, cancels or varies the term of a compulsory
licence, the Minister shall instruct the registrar to record the grant,
cancellation or variation in the register without payment of any fee.
65. Licence as of right.
(1) The owner of the patent may request the registrar to make an
entry in the register to the effect that a licence under the patent is to
be available as of right.
(2) The request shall be notified by the registrar to the licensee
under the patent.
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