1979 Ed.]
Registration of Patents
[CAP. 42
5
(5) Where any use of a patented invention is made by the Government, or by any person with the authority of the Governor, under this section, then, unless it appears to the Governor that it would be contrary to the public interest so to do, the Chief Secretary shall notify the holder of the certificate of registration issued under this Ordinance as soon as is practicable after the use is begun, and furnish him with such information as to the extent of the use as he may from time to time require.
(Added, 24 of 1968, s. 2)
7C. (1) In relation to any use of a patented invention, within the meaning of section 7B(1)(b), made for the services of the Crown-
(a) by the Government, or by a person authorized by the Governor under section 7B; or
(b) by the person entitled under the certificate of registration to the privileges and rights conferred thereby, to the order of the Government,
the provisions of any licence, assignment or agreement made, whether before or after the commencement* of the Registration of United Kingdom Patents (Amendment) Ordinance 1968, between the person entitled under the certificate of registration to the privileges and rights conferred thereby, or any person who derives title from him or from whom he derives title, and any person other than the Government shall be of no effect so far as those provisions restrict or regulate the use of the invention, or any model, document or information relating thereto, or provide for the making of payments in respect of any such use, or calculated by reference thereto.
(2) Where an exclusive licence granted otherwise than for royalties or other benefits determined by reference to the use of the invention is in force in the Colony, then-
(a) in relation to any use of the patented invention which, but for the provisions of this section and section 7B, would constitute an infringement of the rights of the licensee, section 7B(3) shall have effect as if for the reference to the person entitled under the certificate of registration to the privileges and rights conferred thereby there were substituted a reference to the licensee; and
(b) in relation to the use of the patented invention by the licensee by virtue of an authority given under section 7B, that section shall have effect as if the said subsection (3) were omitted.
(3) Subject to the provisions of subsection (2), where the patent has been assigned to the person entitled under the certificate of registration thereof to the privileges and rights conferred by such certificate in consideration of royalties or other benefits determined by reference to the use of the patented invention, then-
Right of third parties in respect of Crown use.
1949 c. 87, s. 47.
[*28.6.68.]
(24 of 1968.)
1979 Ed.]
Registration of Patents
[CAP. 42
5
(5) Where any use of a patented invention is made by the Government, or by any person with the authority of the Governor, under this section, then, unless it appears to the Governor that it would be contrary to the public interest so to do, the Chief Secretary shall notify the holder of the certificate of registration issued under this Ordinance as soon as is practicable after the use is begun, and furnish him with such information as to the extent of the use as he may from time to time require.
(Added, 24 of 1968, s. 2)
7C. (1) In relation to any use of a patented invention, within the meaning of section 7B(1)(b), made for the services of the Crown-
(a) by the Government, or by a person authorized by the
Governor under section 7B; or
(b) by the person entitled under the certificate of registration to the privileges and rights conferred thereby, to the order of the Government,
the provisions of any licence, assignment or agreement made, whether before or after the commencement* of the Registration of United Kingdom Patents (Amendment) Ordinance 1968, between the person entitled under the certificate of registration to the privileges and rights conferred thereby, or any person who derives title from him or from whom he derives title, and any person other than the Government shall be of no effect so far as those provisions restrict or regulate the use of the invention, or any model, document or information relating thereto, or provide for the making of payments in respect of any such use, or calculated by reference thereto.
(2) Where an exclusive licence granted otherwise than for royalties or other benefits determined by reference to the use of the invention is in force in the Colony, then-
(a) in relation to any use of the patented invention which, but for the provisions of this section and section 7B, would constitute an infringement of the rights of the licensee, section 7B(3) shall have effect as if for the reference to the person entitled under the certificate of registration to the privileges and rights conferred thereby there were sub- stituted a reference to the licensee; and
(b) in relation to the use of the patented invention by the licensee by virtue of an authority given under section 7B, that section shall have effect as if the said subsection (3) were omitted.
(3) Subject to the provisions of subsection (2), where the patent has been assigned to the person entitled under the certificate of regis- tration thereof to the privileges and rights conferred by such cer- tificate in consideration of royalties or other benefits determined by reference to the use of the patented invention, then-
Right of third parties in respect of Crown use.
1949 c. 87, s. 47.
[*28.6.68.]
(24 of 1968.)
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