49. Effect of transfer of patent under section 48

Where an order is made under section 48 that a patent shall be transferred from any person or persons (the old proprietor or proprietors) to one or more persons (whether or not including an old proprietor) then, except in a case falling within subsection (2), any licences or other rights granted or created by the old proprietor or proprietors shall, subject to section 44 and to the provisions of the order, continue in force and be treated as granted by the person or persons to whom the patent is ordered to be transferred (the new proprietor or proprietors).

Where an order is so made that a patent shall be transferred from the old proprietor or proprietors to one or more persons none of whom was an old proprietor (on the ground that the patent was granted to a person not entitled to be granted the patent), any licences or other rights in or under the patent shall, subject to the provisions of the order and subsection (3), lapse on the registration of that person or those persons as the new proprietor or proprietors of the patent.

Where an order is so made that —

Any such licence shall be granted for a reasonable period and on reasonable terms.

The new proprietor or proprietors of the patent or any person claiming that he is entitled to be granted any such licence may refer to the

The Registrar shall determine the question referred to in subsection (5) and may, if he thinks fit, order the grant of such a licence.