No.	4907	
Act No. 1, 2012

Government	Gazette	23	March	2012	

35

INDUSTRIAL PROPERTY ACT, 2012

	
(5)	
In	any	proceedings	in	terms	of	subsection	(2)	the	Tribunal	must,	unless	
it	 appears	 that	 there	 are	 good	 reasons	 to	 the	 contrary,	 resolve	 the	 dispute	 in	 a	 manner	
which	will	lead	to	the	preservation	of	the	application	and	the	grant	of	a	patent.
Joint ownership of patents
50.
(1)	
Where	a	patent	is	granted	to	two	or	more	persons	jointly,	each	
of	the	joint	patent	owners	is,	in	the	absence	of	an	agreement	to	the	contrary,	entitled	to	
an	equal	undivided	share	in	the	patent.
	
(2)	
Subject	 to	 the	 provisions	 of	 subsection	 (4),	 a	 joint	 patent	 owner	 is,	 in	
the	 absence	 of	 an	 agreement	 to	 the	 contrary	 and	 in	 the	 absence	 of	 consent	 of	 the	 other	
joint	patent	owner,	not	entitled	to	–
	

(a)	

make,	 import,	 dispose	 of,	 offer	 for	 disposal	 or	 use	 the	 patented	
invention;

	

(b)	

grant	 a	 licence	 or	 to	 assign	 the	 whole	 or	 any	 part	 of	 his	 or	 her	 interest	
in	the	patent;	or

	

(c)	

take	any	steps	or	institute	any	proceedings	relating	to	the	patent.

(3)	
Despite	 subsection	 (2),	 a	 joint	 patent	 owner	 may	 pay	 any	 renewal	 fee	
	
that	 is	 payable	 without	 recourse	 to	 any	 other	 patent	 owner,	 unless	 the	Tribunal	 directs
	
otherwise	in	proceedings	in	terms	of	subsection	(7).
(4)	
Where	a	patented	invention	is	disposed	of	by	a	joint	patent	owner,	the	
	
acquirer	or	any	person	claiming	through	him	or	her	is	entitled	to	deal	with	it	in	the	same	
manner	as	if	the	article	had	been	disposed	of	by	the	patent	owners	jointly.
(5)	
Any	joint	patent	owner	may	institute	proceedings	for	infringement	and	
	
must	 give	 notice	 thereof	 to	 every	 other	 joint	 patent	 owner,	 and	 any	 such	 other	 patent	
owner	may	intervene	as	co-plaintiff	and	recover	any	damages	in	respect	of	any	damage	
he	or	she	may	have	suffered	as	a	result	of	the	infringement.
	
(6)	
If	 in	 any	 proceedings	 under	 subsection	 (5)	 damages	 are	 awarded	 to	 a	
plaintiff,	damages	must	be	awarded	as	if	he	or	she	were	the	sole	patent	owner,	and	the	
defendant	 is	 not	 obliged	 to	 compensate	 any	 other	 joint	 patent	 owner	 in	 respect	 of	 the	
infringement	in	question.
(7)	
Where	 any	 dispute	 arises	 between	 joint	 patent	 owners	 as	 to	 their	
	
respective	rights	in	or	to	a	patent,	the	institution	of	proceedings	relating	to	the	patent	or	
the	manner	in	which	they	should	deal	with	the	patent	or	the	patented	invention,	any	joint	
patent	owner	may	apply	to	the	Tribunal	to	decide	the	matter	in	dispute.
	
(8)	
If	 in	 considering	 any	 application	 under	 subsection	 (7)	 the	 Tribunal	
is	 satisfied	 that	 a	 joint	 patent	 owner	 is	 unable	 or	 unwilling	 to	 remain	 a	 patent	 owner,	
the	 Tribunal	 may	 order	 him	 or	 her	 to	 assign	 his	 or	 her	 rights	 to	 any	 other	 joint	 patent	
owner	able	and	willing	so	to	remain	but,	where	it	appears	to	the	Tribunal	to	be	just	and	
equitable,	it	may	order	the	payment	of	compensation	to	such	joint	patent	owner	who	is	
so	ordered	to	assign	his	or	her	rights.

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