Singapore legislation
Clause 5
Clause 5
Power to grant compulsory licences for patented inventions concerning food or medicine or a surgical or curative device
(1)
At any time after the date of sealing of a patent in the United Kingdom in respect of —
a substance capable of being used as food or medicine or in the production of food or medicine;
a process for producing any such substance as aforesaid; or
any invention capable of being used as or as part of a surgical or curative device,and where such patent has been registered in Singapore and remains in force, the Registrar may, on application made to him by any person interested, order the grant to the applicant of a licence under the patent on such terms as he thinks fit, unless it appears to him that there are good reasons for refusing the application.
(2)
The Registrar shall not order the grant of a licence under subsection (1) of this section if the patentee satisfies him that he has already established an industry in Singapore for the making of the food, medicine or surgical or curative device to which the patent relates or that he is likely to do so in the near future.
(3)
In settling the terms of licences under this section the Registrar shall endeavour to secure that food, medicine and surgical and curative devices shall be available to the public at the lowest prices consistent with the patentee’s deriving a reasonable advantage from his patent rights.
(4)
A licence granted under this section shall entitle the licensee to make, use, exercise and vend the invention as a food or medicine, or for the purposes of the production of food or medicine or as part of a surgical or curative device, but for no other purposes.
(5)
An application under this section may be made notwithstanding that the applicant is already the holder of a licence under the patent.