Patents Act · 2023 Revised Edition · Part · Use of Patented Inventions for Services of Government
63. Patentee entitled to remuneration
Official textFrom Attorney General's Chambers, unchanged
Subject to subsection (2), where an act is done under section 58, the Government shall pay such remuneration to the patentee as may be agreed, or as may be determined by a method agreed, between the
Government and the patentee having regard to the economic value of the patented invention or as may, in default of agreement, be determined by the court under section 60.
patented invention
“patented invention” means an invention for which a patent is granted and “patented process” shall be construed accordingly;
No remuneration shall be payable under subsection (1) in respect of the import or subsequent use under section 58(2) of any relevant health product, if the patentee has received or will receive any other remuneration in respect of that relevant health product.
relevant health product
“relevant health product” means a patented invention which is a product referred to in — (a) paragraph 1(a) of the Doha Declaration Implementation Decision; or (b) paragraph 1(a) of the Annex to the TRIPS Agreement;
Patents 92
Terms defined in s 2
patented invention
Defined · s 2“patented invention” means an invention for which a patent is granted and “patented process” shall be construed accordingly;
relevant health product
Defined · s 2“relevant health product” means a patented invention which is a product referred to in — (a) paragraph 1(a) of the Doha Declaration Implementation Decision; or (b) paragraph 1(a) of the Annex to the TRIPS Agreement;
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