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Procedure on applications under sections 70 and 72 (section 73 of Principal Act).
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21.— Section 73 of the Principal Act is amended—
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(a) in subsection (1), by the insertion after “upon which the application is based” of “and shall be accompanied by evidence indicating that the applicant sought to obtain a licence from the proprietor of the patent but has been unable to obtain such a licence on reasonable terms and within a reasonable time”, and
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(b) after subsection (1), by the insertion of the following:
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“(1A) The Controller may, when so requested by the applicant, dispense with the evidence referred to in subsection (1)—
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(a) where there exists a national emergency or other circumstances of extreme urgency, or
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(b) in the case of an application for a licence for public non-commercial use:
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Provided that the proprietor of the relevant patent has been informed as soon as reasonably practicable of the intention of the applicant to apply to the Controller for a licence under the patent.”.
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