No. 4907 Act No. 1, 2012 Government Gazette 23 March 2012 35 INDUSTRIAL PROPERTY ACT, 2012 (5) In any proceedings in terms of subsection (2) the Tribunal must, unless it appears that there are good reasons to the contrary, resolve the dispute in a manner which will lead to the preservation of the application and the grant of a patent. Joint ownership of patents 50. (1) Where a patent is granted to two or more persons jointly, each of the joint patent owners is, in the absence of an agreement to the contrary, entitled to an equal undivided share in the patent. (2) Subject to the provisions of subsection (4), a joint patent owner is, in the absence of an agreement to the contrary and in the absence of consent of the other joint patent owner, not entitled to – (a) make, import, dispose of, offer for disposal or use the patented invention; (b) grant a licence or to assign the whole or any part of his or her interest in the patent; or (c) take any steps or institute any proceedings relating to the patent. (3) Despite subsection (2), a joint patent owner may pay any renewal fee that is payable without recourse to any other patent owner, unless the Tribunal directs otherwise in proceedings in terms of subsection (7). (4) Where a patented invention is disposed of by a joint patent owner, the acquirer or any person claiming through him or her is entitled to deal with it in the same manner as if the article had been disposed of by the patent owners jointly. (5) Any joint patent owner may institute proceedings for infringement and must give notice thereof to every other joint patent owner, and any such other patent owner may intervene as co-plaintiff and recover any damages in respect of any damage he or she may have suffered as a result of the infringement. (6) If in any proceedings under subsection (5) damages are awarded to a plaintiff, damages must be awarded as if he or she were the sole patent owner, and the defendant is not obliged to compensate any other joint patent owner in respect of the infringement in question. (7) Where any dispute arises between joint patent owners as to their respective rights in or to a patent, the institution of proceedings relating to the patent or the manner in which they should deal with the patent or the patented invention, any joint patent owner may apply to the Tribunal to decide the matter in dispute. (8) If in considering any application under subsection (7) the Tribunal is satisfied that a joint patent owner is unable or unwilling to remain a patent owner, the Tribunal may order him or her to assign his or her rights to any other joint patent owner able and willing so to remain but, where it appears to the Tribunal to be just and equitable, it may order the payment of compensation to such joint patent owner who is so ordered to assign his or her rights.