Part I

New Domestic Law

Licences of right and compulsory licences

Compulsory licences: general.
48
1
At any time after the expiration of three years, or of such other period as may be prescribed, from the date of the grant of a patent, any person may apply to the comptroller on one or more of the relevant grounds–
a
for a licence under the patent;
b
for an entry to be made in the register to the effect that licences under the patent are to be available as of right; or
c
where the applicant is a government department, for the grant to any person specified in the application of a licence under the patent.
2
Subject to sections 48A and 48B below, if he is satisfied that any of the relevant grounds are established, the comptroller may–
a
where the application is under subsection (1)(a) above, order the grant of a licence to the applicant on such terms as the comptroller thinks fit;
b
where the application is under subsection (1)(b) above, make such an entry as is there mentioned;
c
where the application is under subsection (1)(c) above, order the grant of a licence to the person specified in the application on such terms as the comptroller thinks fit.
3
An application may be made under this section in respect of a patent even though the applicant is already the holder of a licence under the patent; and no person shall be estopped or barred from alleging any of the matters specified in the relevant grounds by reason of any admission made by him, whether in such a licence or otherwise, or by reason of his having accepted a licence.
4
In this section “the relevant grounds” means–
a
in the case of an application made in respect of a patent whose proprietor is a
WTO
proprietor, the grounds set out in section 48A(1) below;
b
in any other case, the grounds set out in section 48B(1) below.
5
A proprietor is a
WTO
proprietor for the purposes of this section and sections 48A, 48B, 50 and 52 below if–
a
he is a national of, or is domiciled in, a country which is a member of the World Trade Organisation; or
b
he has a real and effective industrial or commercial establishment in such a country.
6
A rule prescribing any such other period under subsection (1) above shall not be made unless a draft of the rule has been laid before, and approved by resolution of, each House of Parliament.
S. 48 substituted (29.7.1999) by S.I. 1999/1899, reg. 3