Patents
(g)
[CAP.400 45
fOI assisting the relief of suffering and the restoration and
distribution of essential supplies and services in any part of
Her Britannic' Majesty's dominions or any foreign coun
.tries that are in grave distress as the result of war;
.
and any reference in that section or in section forty-two to the ser
. vices of the State shall be construed as including a reference to the
purposes aforesaid.
(As amended by C.N. No. 185 of 1964
and S.l. No. 175 of 1965)
42. (l) Any dispute as to
(a) the exercise by a Government department or a person
authorised by the Minister of the powers conferred by sec
tionforty;
(b) the terms for the use of an invention for the services of the
State thereunder;
(e)
the compensation payable upon a reference r.) the High
Court under subsection (5) of section twenty-four; or
(d) the right of any person to receive any part of a payment
determined in terms of paragraph (b) or (e);
may be referred to the High Court by any party'to the dispute in such
manner as may be prescribed.
(2; In any proceedings under this section to which a Government
department is a party, the Minister may
(a)
if the patentee is a party to the proceedings, apply for revo
cation of the patent upon any ground upon which a patent
may be revoked under section fifty;
.
(b) in any case, put in issue the validity of the patent without
applying for its revocation.
(3) If in such proceedings as aforesaid any question arises
whether an invention has been recorded or tried as mentioned in
section forty, or has been used by or on behalf of or to the order
of a Government department under subsection (4) of section
twenty-four, and the disclosure of any document recording the
invention, or of any evidence of the trial or use thereof, would, in
the opinion of the Minister, be prejudicial to the public interest,
the disclosure may be made confidentially to counsel appearing
for the other party or to an independent expert agreed upon by the
parties.
(4) In determining under this section any dispute between a
Government department and any person as to terms for the use of
an invention for the services of the State, the High Court shall have
regard to any benefit or compensation which that person or any
person from whom he derives title may have received, or may be
Reference of
disputes as to
Stale use
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