A.35
(2) A joint patent shall be exercised subject to the following provisions —
(a) each joint patentee is entitled to exploit commercially the patent to
his or her benefit, but shall be required to pay equitable compensation,
fixed by the Court in case of a disagreement, to the other joint patentee
who is not directly exploiting the patent or has not granted a licence
for exploitation in accordance with paragraph (b);
(b) a joint patentee may grant a non-exclusive licence to exploit the
patent, but shall be required to pay equitable compensation fixed by
the Court in case of a disagreement to the other joint patentee who is
not directly exploiting the patent or has not granted the licence for
exploitation; the other joint patentee may oppose the grant of such
licence provided he or she acquires the share of the joint patentee
wishing to grant the licence and on condition that the price of that
share shall be fixed by the Court in case of disagreement;
(c) an exclusive licence or sole licence to exploit the patent may only be
granted by agreement among the joint patentees; and
(d) a joint patentee may assign his or her share in the patent, provided
that the patentee notifies the other joint patentee of his or her
intention and such other joint patentee shall have a right of first
refusal to acquire a share during a period of three months computed
from the receipt of that notification.
(3) A joint patentee may institute proceedings for infringement on
his or her rights on the patent after giving prior notice to the other joint patentee,
and the other joint patentee may join the proceedings as a co-plaintiff and
recover any damages in respect of any loss suffered as a result of the
infringement.
(4) If, in any proceedings under subsection (3), a joint patentee does
not join the proceedings as a co-plaintiff, damages, if any, shall be
awarded to the plaintiff as if he or she were the sole patentee, and the
defendant shall not compensate the other patentee in respect of the same
infringement.
31. (1) The Minister may, without the consent or authority of the
patentee and after giving a hearing to the patentee and any other interested
party, authorise a Government agency, other person or body to exploit
the patented invention on the payment of adequate remuneration to the
patentee where —
(a) it is in the public interest to do so for purposes of national security,
nutrition, health, development of other vital sectors of the national
economy, social service; or
(b) a court or administrative body has determined that the manner of
exploitation of the invention by the patentee is anti-competitive
or constitutes an abuse of the patent.
(2) In the determination of adequate remuneration under subsection
(1), the Minister shall take into account the economic value of the
exploitation of the patented invention and the need for the elimination
of anti-competitive practices.
Compulsory
licences in the
public interest
or for
competition