95. Effect of patent application not being granted or patent being declared null and void

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

Where, before the expiration of the licence contract, any of the following events occur in respect of the patent application or patent referred to in such contract—

(a)

the patent application is withdrawn ;

(b)

the patent application is finally rejected ;

(c)

the patent is surrendered ;

(d)

the patent is declared null and void ; or

(e)

the registration of the licence contract is invalidated, the licensee shall no longer be required to make any payment to the licensor under the licence contract, and shall be entitled to repayment of the payments already made :

Provided that the licensor shall not be required to make any repayment, or repayment only in part, if he can prove that any such repayment would be inequitable under the circumstances, in particular if the licensee has effectively profited from the licence.

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Part V

Chapter XIX Marks and Trade Names

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Part VI

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Part VII

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Part VIII

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Part IX

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Part X

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Part XI

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