Patents
[CAP.400
49
teredo the Registrar may. upon application made to him in the pre
scribed manner by any such other person. give directions empower
ing any person to execute that instrument or to do that thing in the
name and on behalf of the person in default.
" (8) Before giving directioris in pursuance of an application under
subsection (6) or (7), the Registrar- shall give an opportunity to be
heard
(a) in the case of an application under subsection (6). to the
other person
("If
persons registered as patentees;
(b) in the case of an application under subsection (7). to the
person in default.
(9) An appeal shall lie from any decision of the Registrar under
this section.
(10) No directions shall be given under this section so as to
affect the mutual rights or obligations of trustees or of the legal rep
resentatives of a deceased person, or their rights or obligations as
such.
48. (I) Where a dispute arises between an employer and a person
who is or was at the material time his employee-as to the rights of the
parties in respect of an invention made by the employee either alone
or jointly with other employees or in respect of any patent granted or
to be granted in respect thereof. the Registrar may. upon application
" made to him in the prescribed manner by either of the parties. and
after giving to each of them an opportunity to be heard. determine the
matter in dispute. and may make such orders for giving effect to his
decision as he considers expedient.
(2) In proceedings before the High Court between an employer
and a person who is or was at the material time his employee, or
upon an application made £0 tile Registrar under subsection (I).
the High Court or Registrar, as the case may be. may, unless satis
fied that one or other .of the parties is entitled, to [he exclusion of
the other, to the benefit of an invention made by the employee. by
order provide for the apportionment between them of "the benefit
of the invention. and of any patent granted or to be granted in
respect thereof. in such manner as the High Court or Registrar
considers just
(3) A decision of the Registrar under this section shall have the
same effect as between the parties and 'persons claiming under them
as 1 decision of the High Court.
(4) An appeal shall lie from any decision of the Registrar under
this section.
Disputes as to
inventions
made by
employees
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