Singapore legislation

Clause 13

of Patents (Amendment) Bill

Clause 13

Amendment of section 55

Section 55 of the Patents Act is amended —

(a)

by deleting subsections (1) and (2) and substituting the following subsections:“(1) Any interested person may apply to the court for the grant of a licence under a patent on the ground that the grant of the licence is necessary to remedy an anti-competitive practice.(2) Without prejudice to the generality of subsection (1), the court may determine that the grant of a licence is necessary to remedy an anti-competitive practice if —

(a)

there is a market for the patented invention in Singapore;

(b)

that market —

(i)

is not being supplied; or

(ii)

is not being supplied on reasonable terms; and

(c)

the court is of the view that the proprietor of the patent has no valid reason for failing to supply that market with the patented invention, whether directly or through a licensee, on reasonable terms.”;

(b)

by deleting the words “either of the grounds referred to in subsection (2)” in subsection (3) and substituting the words “the ground referred to in subsection (1)”;

(c)

by inserting, at the end of subsection (4)(a), the word “and”;

(d)

by deleting the word “; and” at the end of subsection (4)(b) and substituting a full-stop;

(e)

by deleting paragraph (c) of subsection (4);

(f)

by inserting, immediately after the words “ceased to exist” in subsection (5), the words “and is unlikely to recur”; and

(g)

by deleting subsections (7), (8), (9) and (12).