Voluntary licences

(1) Subject to section 32, the owner of a patent application or patent may grant a licence in respect of the relevant invention. (2) Any licence contract concerning a patent or an application therefore shall be filed with the Registrar who shall keep its contents confidential but shall, upon payment of the prescribed fee, record it in the Register and publish a reference thereto in the Journal in the manner prescribed. (3) Until such contract has been so recorded, the licence shall have no effect against third parties, unless otherwise decided by the Court. (4) In the absence of any provision to the contrary in the terms of a licence contract, a licensee may not extend, to another person, the authorisation conferred on him by the owner in accordance with sub-section (1), nor may he assign or mortgage his licence. (5) In the absence of any provision to the contrary in the terms of a licence contract, the owner of a patent may continue to enjoy the rights conferred on him by sections 33 and 36. (6) To the extent that the licence has been granted as an exclusive licence, the owner may not grant a licence in respect of the invention to a third person and may not himself do any of the acts referred to in sections 33 and 36. 36 (7) If, before the expiration of the licence contract, any of the following events occur with respect to any patent application or patent, the subject of that contract– (a) the patent application is withdrawn or is deemed to be withdrawn; (b) the patent application is treated as if it had not been filed; (c) the grant of the patent is refused; or (d) the patent is invalidated, the licensee shall, from the date of the event, no longer be bound to make any payment directly relating to that patent application (8) In any case referred to in sub-section (7), the licensee shall have the right to repayment of the payments already made and directly relating to the patent application or patent in question, provided that he has not benefited from the licence.