Clause 6

Where the Registrar is satisfied, on application made under section 3 or 5 of this Act that the manufacture, use or sale of materials not protected by the patent is unfairly prejudiced 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, he may, subject to the provisions of those sections, order the grant of licences under the patent to such customers of the applicant as he thinks fit as well as to the applicant.

Where an application under section 3 or 5 of this Act is made by a person being the holder of a licence under the patent, the Registrar may, if he makes an order for the grant of a licence to the applicant, order the existing licence to be cancelled, or may, if he thinks fit, instead of making an order for the grant of a licence to the applicant, order the existing licence to be amended.

Where on an application under section 3 or 5 of this Act the Registrar orders the grant of a licence, he may direct that the licence shall operate —

The licensee under any licence granted in pursuance of an order under section 3 or 5 of this Act shall (unless, in the case of a licence the terms of which are settled by agreement, the licence otherwise expressly provides) be entitled by notice in writing to call upon the patentee to take proceedings to prevent any infringement of the patent; and if the patentee refuses or neglects to do so within two months after being so called upon, the licensee may institute proceedings for the infringement in his own name as if he were patentee, making the patentee a defendant:Provided that a patentee so added as defendant shall not be liable for any costs unless he enters an appearance and takes part in the proceedings.