44 CAP. 400]
Patents
Minister under this section to make, use and exercise an invention
shall include power
(a) to sell such articles to the government of any country in
pursuance of any such agreement or arrangement as afore
said; and
(b) to sell to any person any articles made in the exercise of the
powers conferred by this section which are no longer
required for the purpose for which they were made.
(7) The purchaser of any articles sold in the exercise of powers
conferred by this section, and any person claiming through him, shall
have power to deal with them in the same manner as if the patent
were held on behalf of the President.
(8) The Minister may, by statutory instrument, make regulations
governing the rights of third parties in relation to any use of a
patented invention, or an invention in respect of which an application
for a patent is pending, made for the services of the State in terms of
this section or section forty-one.
(As amended by G.N. No. 185 of 1964, s.t. No. 175 of 1965
and Act No. 18 of 1980)
Special
provisions as
to State use
during
emergency
41. (1) For the purposes of this section, the expression "period of
emergency" means any period beginning on such date as may be
declared by the Minister by statutory notice to be the commence
ment, and ending on such date as may be so declared to be the ter
mination, of a period of emergency.
(2) During any period of emergency the powers exercisable in
relation to an invention by a Government department or a person
authorised by the Minister under section forty, shall include power to
make, use, exercise and vend the invention for any purpose which
appears to the Minister necessary or expedient
(a) for the efficient prosecution of any war in which the
Republic may be engaged;
(b) for the maintenance of supplies and services essential to the
life of the community;
(c) for securing a sufficiency of supplies and services essential
to the well-being of the community;
(d) for promoting the productivity of industry, commerce and
agriculture;
(e) for fostering and directing exports and reducing imports or
imports of any classes, from all or any countries and for
redressing the balance of trade;
(j) generally for ensuring that the whole resources of the com
munity are available for use, and are used, in a manner best
calculated to serve the interests of the community; or
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