Act 3 Industrial Property Act 2014 59. Compulsory licences based upon interdependence of patents. (1) Where a patented invention cannot be worked without infringing the rights derived from an earlier patent, the owner of the later patent may request the Minister for the grant of a compulsory licence with respect to the earlier patent to the extent necessary for the working of his or her invention, if the invention constitutes an important technical advance of considerable economic significance in relation to the invention claimed in the earlier patent. (2) The owner of the first patent is entitled to a cross-licence on reasonable terms to use the invention claimed in the second patent. (3) The use authorized in respect of the first patent shall be nonassignable except with the assignment of the second patent. (4) In this section, “earlier patent” or “first patent” means a patent granted on an earlier application or benefiting from an earlier validly claimed priority date, and “later patent” or “second patent” shall be construed accordingly. 60. Preconditions for grant of compulsory licences. (1) A compulsory licence shall not be granted unless the person requesting the licence— (a) satisfies the Minister that he or she has requested the owner of the patent for a contract licence but has been unable to obtain the licence contract on reasonable commercial terms and within a reasonable time; and (b) offers a guarantee satisfactory to the Minister to work the relevant invention sufficiently to remedy the deficiencies or to satisfy the requirements which gave rise to his or her request. (2) The requirement under subsection (1)(a) shall be waived in the case of a national emergency or other circumstances of extreme urgency or where the application is based on anti-competitive practices; except that the registrar shall notify the owner of the patent as soon as reasonably possible of the waiver. 55