Section 40
New section 52a
of Patents (Amendment) Act 2022
Amendment ActIn forceProvision 40 of 69
Section 40
The principal Act is amended by inserting after section 52
the following section:
“Grant of compulsory licence shall not give rise to breach of contract 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).
Patents (Amendment)
(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.”.