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

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