The Industrial Property Act, 2001
39
licences
(a) the licensee fails to comply with the terms of the licence; or
(b) the conditions which justified the grant of the licence have ceased to
exist and are unlikely to recur, provided that the legitimate interests of the
licensee are adequately protected.
(2) On the application of the Minister, or on the application of the owner of
the patent, the Tribunal 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 application
for the said licence.
(3) On the application of the owner of the patent or the licensee, the Tribunal
may vary the terms of a compulsory licence if new facts justify the variation
and in particular if the patentee has granted contractual licences on more
favourable terms.
Registration of
grants,
cancellation or
variation
78.Where the Tribunal grants, cancels or varies the terms of a compulsory
licence, the Tribunal shall instruct the Managing Director to record the grant,
cancellation or variation in the register without payment of any fee.
Licences as of
right
79. (1) The owner of a patent may request the Managing Director to make an
entry in the register to the effect that licences under the patent are to be
available as of right.
(2) The request shall be notified by the Managing Director to the licensees
under the patent.
(3) Any licensee may, within the prescribed time limit, object to the entry
requested, on the ground that the owner of the patent is, by the relevant
licence contract, precluded from granting further licences.
(4) Where the Managing Director receives no objection under subsection (3)
or considers all objections made to be unfounded, he shall make the
requested entry in the register and shall publish the entry.
(5) Where a patent is the subject of an entry under this section, any person
may require the owner of the patent to grant him a non-exclusive licence
under the patent on terms, which, in the absence of an agreement between
the parties, shall be fixed by the Tribunal.
(6) The amount of the annual fees with respect to a patent which is subject of
entry under this section, falling due after the date of the entry, shall be
reduced by half.
(7) The owner of the patent may at any time request the Managing Director
to cancel an entry under this section and the Managing Director shall cancel
the entry after payment of the balance of all annual fees which would have
been payable if no entry had been made and the Managing Director shall