Singapore legislation
Clause 55
of Patents Bill
Clause 55
Compulsory licences
(1)
At any time after the expiration of 3 years, or of such other period as may be prescribed, from the date of the grant of a patent, any person may apply to the Registrar —
for a licence under the patent;
for an entry to be made in the register to the effect that licences under the patent are to be available as of right; or
where the applicant is a Government department, for the grant to any person specified in the application of a licence under the patent,if it appears at the time such application is filed, one or more of the grounds specified in subsection (2) are met.
(2)
The grounds referred to in subsection (1) are —
that there is no production of the patented product or application of the patented process without any legitimate reason;
that there is no product produced under the patent for sale in Singapore or there are some but they are sold at unreasonably high prices or do not meet the public demand without any legitimate reason;
that by reason of the refusal of the proprietor of the patent to grant a licence or licences on reasonable terms —
a market for the export of any patented product made 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 proprietor of the patent on the grant of licences under the patent, or on the disposal or use of the patented product or on the use of the patented process, the manufacture, use or disposal of materials not protected by the patent, or the establishment or development of commercial or industrial activities in Singapore, is unfairly prejudiced.
(3)
Subject to subsections (4) to (6), if the Registrar is satisfied that any of those grounds under subsection (2) are established, he may —
where the application is under subsection (1)(a), order the grant of a licence to the applicant on such terms (including the transfer of know-how associated with the patented invention) as he thinks fit;
where the application is under subsection (1)(b), make such an entry as is there mentioned; or
where the application is under subsection (1)(c), order the grant of a licence to the person specified in the application on such terms (including the transfer of know-how associated with the patented invention) as the Registrar thinks fit.
(4)
Where the application is made on the ground that there is no production of the patented product or application of the patented process or there is insufficient or no product produced under the patent for sale in Singapore, and it appears to the Registrar that the time which has elapsed since the publication in the journal of a notice of the grant of the patent has for any reason been insufficient to enable the invention 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.
(5)
No entry shall be made in the register under this section on the ground mentioned in subsection (2)(c)(i), and any licence granted under this section on that ground shall contain such provisions as appear to the Registrar to be expedient for restricting the countries in which any product concerned may be disposed of or used by the licensee.
(6)
No order or entry shall be made under this section in respect of a patent on the ground mentioned in subsection (2)(c)(ii) unless the Registrar is satisfied that the proprietor of the patent for the other invention is able and willing to grant to the proprietor of the patent and his licensees a licence under the patent for the other invention on reasonable terms.
(7)
An application may be made under this section in respect of a patent notwithstanding that the applicant is already the holder of a licence under the patent; and no person shall be estopped or barred 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.