Intellectual Property Act, No. 36 of 2003
27
25. (1) (a) No person or body of persons corporate or
unincorporate shall, after the coming into operation of this
Act, commence or carry on the business of issuing or granting
licences in respect of any right protected under this Part
except under or in accordance with, the provisions of
paragraph (c) of this subsection :
Provided that the owner of such right shall, in his
individual capacity, continue to have the right to grant
licences in respect of his own rights. Where such owner is a
member of a society registered under this section the grant
of such licences shall be consistent with his obligations as a
member of such society.
(b) Any body of persons corporate or unincorporate
which fulfils such conditions as may be prescribed, apply to
the Director-General for permission to engage in the business
specified in paragraph (a) and register the society.
(c) The Director-General may having regard to the
interests of the owners of the rights protected under this Part,
the interests and convenience of the public and in particular
of the groups of persons who are most likely to seek licences
in respect of relevant rights and the ability and professional
competence of the applicant to grant permission to
commence or carry on business specified in paragraph (a)
of subsection (1) and register such person or body of persons
as a collective society subject to such conditions as may be
prescribed :
Provided that the Director-General shall not ordinarily
register more than one such society to do business in respect
of the same class of rights.
(d) The Director-General may, if he is satisfied that the
society is being managed in a manner detrimental to the
interests of the owners of rights concerned, cancel or suspend
the registration of the society and the permission to
commence or carry on business as specified in paragraph
(a) of this subsection, after such inquiry as may be necessary.
Registration of
society,
administration of
rights by societies,
control over the
rights and
submission of
report.
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