846 No. 40 of 2016] Grant of compulsory licence for interdependent inventions Patents compulsory licence to the applicant on such terms and conditions as the Minister considers appropriate in the circumstances. (5) A compulsory licence, granted by the Minister in accordance with subsection (4), shall not be an exclusive licence and shall not entitle the licensee to grant further licences to third parties without the written consent of the patentee. (6) A person who is granted a compulsory licence, in accordance with subsection (4), shall be required to pay the patentee such remuneration as is considered equitable, with regard to all the circumstances, including the economic value of the licence. (7) The Minister may, m consultation with the Registrar, on the request of a patentee or licensee or on the order of the High Court, vary the terms and conditions of a compulsory licence. (8) Subsection (3) shall not apply where a compulsory licence is granted as a result of a national emergency. (9) Where a compulsory licence has been granted, in accordance with this section, the use of the licence shall be for the supply of the domestic market. 100. (1) Where a patented invention cannot be worked without infringing the rights derived from an earlier patent, the owner of a later patent may apply to the Registrar, in the prescribed manner, for the grant of a compulsory licence with respect to the earlier patent, to the extent necessary for the working of a later patent, if the invention constitutes an important technical advancement of economic value. (2) Where the Registrar is satisfied with an application, referred to in subsection (1), the Registrar shall issue a compulsory licence to the applicant on such terms and conditions as the Registrar shall consider appropriate in the circumstances. (3) The owner of an earlier patent shall be entitled to a crosslicence, on reasonable terms and conditions, to use the invention claimed in the second patent. (4) The use, authorised by a compulsory licence, referred to in subsection (1), shall only be transferable to another person on the assignment of a second patent. (5) In this section— “earlier patent” means a patent granted for an earlier invention or a patent for an invention claiming an earlier priority date; and “second patent” means a validly granted patent which cannot be worked without infringing another patent.

Seleccionar párrafo de destino3

Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos