44 Government Gazette 23 March 2012 Act No. 1, 2012 No. 4907 INDUSTRIAL PROPERTY ACT, 2012 but must record the grant thereof in the appropriate register and must publish a reference to such grant in the bulletin. (2) A compulsory licence has no effect against third parties until the recordal under subsection (1) has been effected. (3) The recordal of the grant of a compulsory licence effected under subsection (1) may be cancelled on request to the Registrar in the prescribed manner, accompanied by proof that such licence has expired or has been terminated. Licences of right 62. (1) At any time after the date of the grant and sealing of a patent, the owner of a patent may apply to the Registrar for the patent to be endorsed with the words “licences of right” and where such an application is made the Registrar must, if satisfied that the patent owner is not precluded by contract from granting licences under the patent, cause the patent to be endorsed accordingly. (2) Where a patent has been endorsed under this section – (a) any person is at any time thereafter entitled as of right to a licence under the patent upon such conditions as may, in the absence of agreement, be decided by the Tribunal on the application of the patent owner or the person requiring the licence; (b) the Tribunal may, on the application of the holder of any licence granted under the patent before the endorsement, order such licence to be replaced by a licence to be granted by virtue of the endorsement on conditions to be decided by the Tribunal; (c) no interdict may, in proceedings for infringement of the patent (other than by the importation of goods), be granted against the defendant if he or she undertakes to take a licence upon conditions to be decided by the Tribunal, and the amount, if any, recoverable from the defendant by way of damages must in such case not exceed double the amount which would have been payable by him or her as licensee if such a licence had been granted before the earliest infringement; and (d) the renewal fee payable in respect of the patent after the date of the endorsement is one half of the renewal fee which would have been payable if the patent had not been so endorsed. (3) The licensee under a licence granted by virtue of the endorsement of a patent in terms of this section may, (unless in the case of a licence where the conditions are determined by agreement, the licence otherwise expressly provides), call on the patent owner to institute proceedings in respect of any infringement of the patent, and if the patent owner fails to do so within two months after being so called upon, the licensee may institute proceedings for the infringement in his or her own name as if he or she were the owner of the patent, joining the patent owner as a defendant.