Rights conferred by patent

(1) The exploitation of a patented invention in Belize by any person other than the owner of the patent shall require the latter’s authorisation. (2) For the purposes of this section, exploitation of a patented invention means– (a) where the patent has been granted in respect of a product– (i) making, importing into Belize, offering for sale, selling and using that product; (ii) stocking such product for the purposes of offering it for sale or selling or using it; and (b) where the patent has been granted in respect of a process– (i) using that process; and (ii) doing any act referred to in paragraph (a) of this sub-section in respect of a product obtained by means of that process. (3) Subject to sub-section (4) and to sections 34, 35 and 38, the owner of the patent shall have the right to bring an action against any person who exploits the patented invention in Belize without his authorization. (4) The rights under the patent shall not extend to– (a) acts in respect of articles which have been put on the market in Belize by the owner of the patent or with his consent; (b) the use of articles on aircraft, land vehicles or vessels of other countries which temporarily or accidentally enter the airspace, territory or waters of Belize; (c) acts done only for experimental purposes relating to a patented invention; (d) the extemporaneous preparation for individual cases, in a pharmacy, of a medicine in accordance with a medical prescription or acts concerning the medicine so prepared; or (e) acts performed by any person who in good faith, before the filing or, where priority is claimed, the priority date of the application on which the patent is granted, and in Belize, was using the invention or was making effective and serious preparations for such use. (5) The right of prior user referred to in sub-section (4)(e) may be transferred or devolve only together with the enterprise or business, or with that part of the enterprise or business in which the use or preparations for use have been made.