Section 61

any licensee unless the licence contract provides that the provisions of this subsection do not apply or provides different provisions;

the beneficiary of a compulsory licence granted under section 51.

Any beneficiary may request the owner of the patent to institute

Court proceedings for any infringement indicated by the beneficiary, who shall specify the relief desired.

The beneficiary may, if he proves that the owner of the patent received the request but refuses or fails to institute the proceedings within three months from the receipt of the request, institute the proceedings in his own name, after notifying the owner of the patent of his intention but the owner shall have the right to join in the proceedings.

Notwithstanding that the three-month period referred to subsection (3) has not been satisfied, the Court shall, on the request of the beneficiary, grant an appropriate injunction to prevent infringement or to prohibit its continuation, if the beneficiary proves that immediate action is necessary to avoid substantial damage.

64

Declaration of non-infringement