in relation to the patent for the main invention also; or
(b)
which relates to a patent in respect of which a patent of addition is in
force, shall be treated as an application in relation to the patent of addition also;
and where a patent of addition is granted in respect of a patent in respect of which an
entry in terms of this section has already been made, an entry in respect of the patent
of addition shall also be made:
Provided that no royalty shall be paid by a licensee in respect of such entry.
(8) An entry in the Register made in terms of this section shall be published in the
Journal.
(9) An appeal shall lie from any decision of the Registrar under this section.
30
Cancellation of entry made in terms of section 29
(1) Within such time as may be prescribed after an entry has been made in terms of
section twenty-nine in respect of a patent, the patentee may apply to the Registrar for
cancellation of the entry and, where such an application is made and the balance paid
of all renewal fees which would have been payable if the entry had not been made,
the Registrar may, if satisfied that there is no existing licence under the patent or that
all licensees under the patent consent to the application, cancel the entry accordingly.
(2) Within the prescribed period after an entry referred to in subsection (1) has been
made, any person who claims that the patentee is, and was at the time the entry was
made, precluded by a contract in which the claimant is interested from granting
licences under the patent may apply to the Registrar for cancellation of the entry.
(3) Where the Registrar is satisfied, on application made under subsection (2), that the
patentee is and was precluded as claimed in terms of subsection (2), he shall cancel
the entry and thereupon the patentee shall be liable to pay, within such period as may
be prescribed, a sum equal to the balance of all renewal fees which would have been
payable if the entry had not been made, and if that sum is not paid within that period
the patent shall cease to have effect at the expiration of that period.
(4) Where the entry made in respect of a patent is cancelled under this section, the
rights and liabilities of the patentee with respect to it shall thereafter be the same as if
the entry had not been made.
(5) An applicant shall advertise in the Journal any application made by him under this
section and within the prescribed period after such advertisement—
(a)
in the case of an application under subsection (1), any person
interested; or
(b)
in the case of an application under subsection (2), the patentee and
additionally, or alternatively, any person interested;
may give notice to the Registrar of opposition to the cancellation.
(6) Where any notice of opposition is given in terms of subsection (5), the Registrar
shall—
(a)
fix a date for the hearing of the application; and
(b)
advise in writing the parties of the date so fixed; and
(c)
after giving the applicant and the opponent an opportunity to be heard,
give such decision on the application as he may consider just.
(7) An application made under this section for the cancellation of—
(a)
the entry made in respect of a patent of addition shall be treated as an
application for the cancellation of the entry made in respect of the patent for the main
invention also; or
(b)
the entry made in respect of a patent in respect of which a patent of
addition is in force shall be treated as an application for the cancellation of the entry
made in respect of the patent of addition also.
(8) An appeal shall lie from any decision of the Registrar under this section.
30A Compulsory licence in respect of dependent patents
Where the working of a patent (hereinafter referred to as a dependent patent) without
infringement of a prior patent is dependent upon the obtaining of a licence under that
prior patent, the proprietor of the dependent patent may, if agreement cannot be