Page:Intellectual Property Laws Amendment Act 1997 from Government Gazette.djvu/21

40No. 18325

Act No. 38, 1997

the licence shall, on application by the patentee, be terminated if the circumstances which led to its grant cease to exist and, in the opinion of the commissioner, are unlikely to recur. ”;

by the substitution for subsection (5) of the following subsection: “(5) [If the only abuse found by the commissioner to have been established is that set out in subsection (2) (a), any] Any licence granted under this section shall be non-exclusive [but] and shall not be transferable except to a person to whom the business or part of the business in connection with which the rights under the licence were exercised has been transferred.”;

by the deletion of subsection (6);

by the substitution for subsection (10) of the following subsection: “(10) Subject [to the provisions of subsection (11) and] to the conditions that may be attached to the licence, a licensee under this section shall have the same rights and obligations as any other licensee under a patent.”; and

by the deletion of subsections (11) and (12).

Amendment of section 65 of Act 57 of 1978, as amended by section 3 of Act 76 of 1988

46. Section 65 of the Patents Act, 1978, is hereby amended by the substitution for subsection (6) of the following subsection: “(6) In lieu of damages the plaintiff may, at his or her option, be awarded an amount calculated on the basis of a reasonable royalty which would have been payable by a licensee or sub-licensee in respect of the patent concerned. ”.

Amendment of section 91 of Act 57 of 1978

47. Section 91 of the Patents Act, 1978, is hereby amended by the substitution for the words following paragraph (g) of the following words: “generally, as to any matter which he or she considers [it] necessary or expedient to prescribe in order to carry out, or give effect to, the Patent Cooperation Treaty or that the purposes of this Act may be achieved.”.

Substitution of certain expression in Act 57 of 1978

48. The Patents Act, 1978, is hereby amended by the substitution for the expression “South African Institute of Patent Agents”, wherever it occurs, of the expression “South African Institute of Intellectual Property Law”.

Substitution of long title of Act 57 of 1978

49. The following long title is hereby substituted for the long title of the Patents Act, 1978:

''' To provide for the registration and granting of patents for inventions and for matters connected therewith. '''”.

Amendment of section 1 of Act 98 of 1978, as amended by section 1 of Act 56 of 1980, section 1 of Act 66 of 1983, section 1 of Act 52 of 1984, section 1 of Act 13 of 1988 and section 1 of Act 125 of 1992

50. Section 1 (1) of the Copyright Act, 1978, is hereby amended―

by the substitution for the definition of “broadcast” of the following definition: “ ‘broadcast’, when used as a noun, means a telecommunication service of transmissions consisting of sounds, images, signs or signals which―

takes place by means of electromagnetic waves of frequencies of lower than 3 000 GHz transmitted in space without an artifical conductor; and