57. Compulsory licences

Any interested person may apply to the court for the grant of a licence under a patent on the ground that the grant of the licence is necessary to remedy an anti-competitive practice.

Without prejudice to the generality of subsection (1), the court may determine that the grant of a licence is necessary to remedy an anti-competitive practice if —

Subject to this section, if the court is satisfied that the ground referred to in subsection (1) is established, the court may make an order for the grant of a licence in accordance with the application upon such terms as the court thinks fit.

A licence granted under this section —

Any licence granted under this section may, on the application of any interested party, be terminated by the court where the court is satisfied that the ground upon which the licence was granted has ceased to exist and is unlikely to recur.

Where a licence is granted under this section to any person, the person shall pay such remuneration to the patentee as may be agreed, or as may be determined by a method agreed between the person and the patentee or, in default of agreement, as is determined by the court on the application of the person or the patentee.

The powers of the court on an application under this section shall be exercised with a view to securing that the inventor or other person beneficially entitled to a patent shall receive reasonable remuneration having regard to the economic value of the licence.

No order shall be made in pursuance of any application under this section which would be at variance with any treaty or international convention relating to patents to which Brunei Darussalam is a party.