Patents Act, 1964

Supplementary provisions as to licences.

46.—(1) Any order under this Act for the grant of a licence shall, without prejudice to any other method of enforcement, have effect as if it were a deed, executed by the patentee and all other necessary parties, granting a licence in accordance with the order.

(2) An order may be made on an application under sections 39 to 41 of this Act for the endorsement of a patent with the words “licences of right” notwithstanding any contract which would have precluded the endorsement of the patent on the application of the patentee under section 37 of this Act; and any such order shall for all purposes have the same effect as an endorsement made in pursuance of an application under the said section 37.

(3) No order shall be made in pursuance of any application under sections 39 to 43 of this Act which would be at variance with any treaty, convention, arrangement or engagement applying to the State and any convention country.