CAP. 42]
Reference of disputes as to Crown use. 1949 c.
87, s. 48.
Registration of Patents
[1979 Ed.
(a) in relation to any use of the invention by virtue of section 7B, subsection (3) of that section shall have effect as if the reference to the person entitled under the certificate of registration to the privileges and rights conferred thereby included a reference to the assignor, and any sum payable by virtue of that subsection shall be divided between the person entitled as aforesaid and the assignor in such proportion as may be agreed upon between them or as may in default of agreement be determined by the court on a reference under section 7D; and
(b) in relation to any use of the invention made for the services of the Crown by the person entitled under the certificate of registration to the privileges and rights conferred thereby to the order of the Government, section 7B(3) shall have effect as if that use were made by virtue of an authority given under that section.
(4) Where, under section 7B(3), payments are required to be made by the Government to a person entitled under a certificate of registration to the privileges and rights conferred thereby in respect of any use of patented invention, any person, being the holder of an exclusive licence in force in the Colony (not being such a licence as is mentioned in subsection (2) of this section) authorizing him to make that use of the invention, shall be entitled to recover from the person entitled under the certificate of registration to the privileges and rights conferred thereby such part (if any) of those payments as may be agreed upon between that person and the person entitled as aforesaid to the said privileges and rights, or as may in default of agreement be determined by the court under section 7D to be just having regard to any expenditure incurred by that person-
(a) in developing the said invention; or
(b) in making payments to the person entitled as aforesaid to the said privileges and rights, other than royalties or other payments determined by reference to the use of the invention, in consideration of the licence,
and if, at any time before the amount of any such payment has been agreed upon between the Government and the person entitled as aforesaid to the said privileges and rights that person gives notice in writing of his interest to the Chief Secretary, any agreement as to the amount of that payment shall be of no effect unless it is made with his consent.
(Added, 24 of 1968, s. 2)
7D. (1) Any dispute as to the exercise by the Government or a person authorized by the Governor of the powers conferred by section 7B, or as to terms for the use of a patented invention for the services of the Crown thereunder, or as to the right of any person to receive any part of a payment made in pursuance of subsection (3) of that section, may be referred to the High Court by either party to the dispute in such manner as may be prescribed by rules of court.