36 CAP. 400] Patents patent, cause the patent to be endorsed accordingly, so, however, that no such endorsement shall be made in respect of an exclusive licence. (2) Where a patent is endorsed under this section­ (a) any person shall, at any time thereafter, be entitled as of right to a licence under the patent upon such terms as may, in default of agreement and subject to the provisions of subsection (3), be settled by the Registrar on the applica­ tion of the patentee or the person requiring the licence; (b) the Registrar may, on the application of the holder of any licence granted under the patent before the endorsement, order the licence to be exchanged for a licence to be granted by virtue of the endorsement upon terms to be set­ tled as aforesaid; (c) if in proceedings for infringement of the patent, otherwise than by the importation of goods, the defendant undertakes to take a licence upon terms to be settled by the Registrar as aforesaid, no interdict or injunction shall be granted against him, and the amount, if any, recoverable against him by way of damages shall not exceed double the amount which would have been payable by him as licensee if such a licence had been granted before the earliest infringement; (d) the renewal fees payable in respect of the patent after the date of the endorsement shall be one-half of the renewal fees which would be payable if the patent were not so endorsed. (3) In settling the terms of the licence for the purposes of para­ graph (a) or (b) of subsection (2), the Registrar shall­ (a) take cognizance of the provisions of section thirty-eight with respect to a patent falling under that section; and (b) provide, inter alia, for the following matters: (i) the period of the licence; (ii) the terms of renewal, if any; (iii) the amount of and method for payment of royalties; (iv) arrangements for cancellation of the licence upon application made to him by the patentee after fail­ ure by the licensee to pay royalties or to observe any other conditions included in the licence by the Registrar, who is hereby authorised to include such conditions, so, however, that no such licence may be cancelled unless the licensee, after reasonable notice given to him by the patentee, has failed to observe such conditions.

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