Industrial and Commercial Property (Protection) (Amendment) Act, 1957

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Amendment of section 43 of the Principal Act.

3.—Section 43 of the Principal Act (which relates to the prevention of abuse of monopoly rights) is hereby amended—

(a) by the substitution for subsection (1) of the following subsection:

“(1) Any person interested may, after three years from the grant of a patent, apply to the controller alleging that there has been an abuse of the monopoly rights thereunder and asking for relief under this section, save that, if the relief sought is the revocation of the patent, such application shall not be made until two years have elapsed from the grant of the first compulsory licence under paragraph (b) or paragraph (c) of subsection (3) of this section.”; and

(b) by the substitution in paragraph (a) of subsection (2) of “from the date of the grant of the patent” for “from the date of the application for the patent”.