Sch. PATENTS ACT (as amended) 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. (6) An application for an entry in the Register made in terms of this section shall contain a statement, to be verified in such manner as may be prescribed, that the patentee is not precluded by contract from granting licences under the patent, and the Registrar may require from the applicant such further evidence as he may think necessary. (7) An application for an entry in the Register made in terms of this section— (a) which relates to a patent of addition, shall be treated as an application in relation to the patent for the main invention also; or (b) which relates to a patent in respect of which a patent of addition is in force, shall be treated as an application in relation to the patent of addition also; and where a patent of addition is granted in respect of a patent in respect of which an entry in terms of this section has already been made, an entry in respect of the patent of addition shall also be made: Provided that no royalty shall be paid by a licensee in respect of such entry. (8) An entry in the Register made in terms of this section shall be published in the Journal. (9) An appeal shall lie from any decision of the Registrar under this section. 30 Cancellation of entry made in terms of section 29 (1) Within such time as may be prescribed after an entry has been made in terms of section twenty-nine in respect of a patent, the patentee may apply to the Registrar for cancellation of the entry and, where such an application is made and the balance paid of all renewal fees which would have been payable if the entry had not been made, the Registrar may, if satisfied that there is no existing licence under the patent or that all licensees under the patent consent to the application, cancel the entry accordingly. (2) Within the prescribed period after an entry referred to in subsection (1) has been made, any person who claims that the patentee is, and was at the time the entry was made, precluded by a contract in which the claimant is interested from granting licences under the patent may apply to the Registrar for cancellation of the entry. (3) Where the Registrar is satisfied, on application made under subsection (2), that the patentee is and was precluded as claimed in terms of subsection (2), he shall cancel the entry and thereupon the patentee shall be liable to pay, within such period as may be prescribed, a sum equal to the balance of all renewal fees which would have been payable if the entry had not been made, and if that sum is not paid within that period the patent shall cease to have effect at the expiration of that period. (4) Where the entry made in respect of a patent is cancelled under this section, the rights and liabilities of the patentee with respect to it shall thereafter be the same as if the entry had not been made. (5) An applicant shall advertise in the Journal any application made by him under this section and within the prescribed period after such advertisement— (a) in the case of an application under subsection (1), any person interested; or (b) in the case of an application under subsection (2), the patentee and additionally, or alternatively, any person interested; may give notice to the Registrar of opposition to the cancellation. (6) Where any notice of opposition is given in terms of subsection (5), the Registrar shall— (a) fix a date for the hearing of the application; and (b) advise in writing the parties of the date so fixed; and (c) after giving the applicant and the opponent an opportunity to be heard, give such decision on the application as he may consider just. (7) An application made under this section for the cancellation of— (a) the entry made in respect of a patent of addition shall be treated as an application for the cancellation of the entry made in respect of the patent for the main invention also; or (b) the entry made in respect of a patent in respect of which a patent of addition is in force shall be treated as an application for the cancellation of the entry made in respect of the patent of addition also. (8) An appeal shall lie from any decision of the Registrar under this section. 30A Compulsory licence in respect of dependent patents15 Where the working of a patent (hereinafter referred to as a dependent patent) without infringement of a prior patent is dependent upon the obtaining of a licence under that prior patent, the proprietor of the dependent patent may, if agreement cannot be reached as to such licence with the proprietor of the prior patent, apply to the Registrar for a licence under the prior patent, and the Registrar may grant such a licence on such conditions as he may impose, including a condition that such licence shall be used only for the purpose of permitting the dependent patent to be worked and for no other purposes: Provided that the Registrar shall not grant such a licence unless— (a) the invention claimed in the dependent patent involves an important technical advance of considerable economic significance in relation to the invention claimed; (b) the proprietor of the dependent patent granted the proprietor of the prior patent on reasonable terms a cross-licence to use the invention claims in the dependent patent; (c) the use authorized in respect of the prior patent is not assignable except with the assignment of the dependent patent. 31 Compulsory licence in case of abuse or insufficient use of patent rights (1)16* Subject to subsection (15), any person interested who can show that he has been unable to obtain a licence under a patent on reasonable terms may, within a period of six months from the initial request for a voluntary licence, apply to the Registrar in the prescribed manner for a compulsory licence on the ground that the reasonable requirements of the public with respect to the invention in question have not been or will not be satisfied. (2) An application under subsection (1) shall— (a) set out fully the nature of the applicant’s interest, the facts on which he bases his case and the relief he seeks; and (b) be accompanied by an affidavit verifying the facts set out in the application. (3) If, after consideration of an application under subsection (1), the Registrar is satisfied that the applicant has a