Singapore legislation
Section 3
Section 3
Power to grant compulsory licences in respect of specified classes of patented invention
(1)
At any time after the expiration of 3 years from the date of the sealing of any patent in the United Kingdom belonging to a class of inventions specified in the Schedule and where such patent has been registered in Singapore and remains in force, any person interested may apply to the Registrar upon any one or more of the grounds set out in subsection (2) for a licence under the patent.
(2)
The grounds upon which application may be made for an order under this section shall be as follows:
that the patented invention, being capable of being commercially worked in Singapore, is not being commercially worked therein or is not being so worked to the fullest extent that is reasonably practicable;
that a demand for the patented article in Singapore is not being met on reasonable terms or is being met to a substantial extent by importation;
that the commercial working of the invention in Singapore is being prevented or hindered by the importation of the patented article;
that by reason of the refusal of the patentee to grant a licence or licences on reasonable terms —
a market for the export of the patented article manufactured in Singapore is not being supplied;
the working or efficient working in Singapore of any other patented invention which makes a substantial contribution to the art is prevented or hindered; or
the establishment or development of commercial or industrial activities in Singapore is unfairly prejudiced; and
that by reason of conditions imposed by the patentee upon the grant of licences under the patent, or upon the purchase, hire or use of the patented article or process, the manufacture, use or sale of materials not protected by the patent, or the establishment or development of commercial or industrial activities in Singapore is unfairly prejudiced.
(3)
Subject as hereinafter provided, the Registrar may, if satisfied that any of the grounds aforesaid are established, make an order in accordance with the application; and the order may require the licence to be granted upon such terms as the Registrar thinks fit: Provided that —
where the application is made on the ground that the patented invention is not being commercially worked in Singapore or is not being worked to the fullest extent that is reasonably practicable, and it appears to the Registrar that the time which has elapsed since the sealing of the patent has for any reason been insufficient to enable it to be so worked, he may by order adjourn the application for such period as will in his opinion give sufficient time for the invention to be so worked;
no order shall be made under this section in respect of a patent on the ground that the working or efficient working in Singapore of another patented invention is prevented or hindered unless the Registrar is satisfied that the patentee in respect of that other invention is able and willing to grant to the patentee and his licensees a licence in respect of that other invention on reasonable terms.
(4)
An application under this section may be made by any person notwithstanding that he is already the holder of a licence under the patent; and no person shall be estopped from alleging any of the matters specified in subsection (2) by reason of any admission made by him, whether in such a licence or otherwise, or by reason of his having accepted such a licence.
(5)
In this section “patented article” includes any article made by a patented process.