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Patents Act, 1978 (Act No. 57 of 1978)

Chapter VIII : Licences

57. Termination of contracts relating to licences

 

 

(1) Any contract, in so far as it relates to a licence under a patent to make, use, exercise, offer to dispose of, dispose of or import a patented invention, shall terminate on the date on which the patent under which the licence was granted expires, is revoked or otherwise ceases to protect such invention: Provided that where the contract relates to licences under more than one patent, such part of the contract as relates to any particular licence shall terminate when the patent under which it was granted expires, is revoked or otherwise ceases to protect the invention concerned, and that the contract as a whole shall terminate when all the patents under which all such licences were granted and which were in force at the time when the contract became operative, expire, are revoked or otherwise cease to protect the relevant inventions.

[Sub-section (1) substituted by section 10 of Act No. 58 of 2002.]

 

(2) Nothing in this section shall affect any right to terminate a contract or a condition in a contract independently of this section.