Section 52A
Grant of compulsory licence shall not give rise to breach of contract
ActIn forceProvision 71 of 141
Section 52A
(1)
The Registrar may grant a compulsory licence to the applicant notwithstanding that a licence contract has been entered into by the licensor and the licensee which provides that the licence is exclusive pursuant to subsection 44(2).
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(2)
The grant of a compulsory licence by the Registrar under subsection (1) shall not give rise to an action for breach of the licence contract referred to in subsection (1) by the licensee against the licensor.