26.
| (1) Notwithstanding anything to the contrary contained in the Patents Ordinance or any other law-
| | (a) the Permanent Secretary or any person authorized thereto by him may, on the recommendation of the Authority, by notice in writing served upon the holder of or any applicant for a patent which in the opinion of the Authority relates to or can be applied in connection with the processing or use of any prescribed material or the production, application or use of atomic energy, advise such holder or applicant that it desires to acquire the rights in the patent or the rights of the applicant to obtain a patent, as the case may be, and the service of such a notice shall have the effect of divesting the person upon whom it has been served of any such rights and vesting those rights in the Authority; | | |
| | (b) if any rights in respect of which a notice has been served under paragraph (a), have been assigned or if any licence has been granted under a patent in respect of which such a notice has been served, the Permanent Secretary shall simultaneously with the service of that notice, or as soon as possible thereafter, cause a copy of the notice to be served upon the assignee or licensee and may at the same time cause such assignee or licensee to be informed that it desires to cancel the assignment or licence, and in that event such assignment or licence shall be deemed to have been cancelled. | | |
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| (2) A copy of any notice served under paragraph (a), and of any communication addressed under paragraph (b) to an assignee of any rights in a patent or to a licensee under a patent, shall forthwith be transmitted by the Permanent Secretary to the Registrar within the meaning of the Patents Ordinance. |
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| (3) Such compensation in respect of the acquisition of any rights to a patent under this section shall be paid by the Permanent Secretary to the holder, applicant, assignee, or licensee, hereinafter called a " person interested in the patent ", as may be agreed upon between the Permanent Secretary and such person interested in the patent with the approval of the Minister of Finance or, in default of such agreement, as may be determined by an arbitrator mutually agreed upon by the Permanent Secretary and such person interested in the patent or, failing such last-mentioned agreement, by an arbitrator appointed by the District Judge of Colombo. The arbitrator may, if he thinks fit, be assisted by not more than two assessors, and the fees of the arbitrator and assessors shall be payable by the Permanent Secretary or such person interested in the patent in such proportion as the arbitrator determines. |
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Sri Lanka Consolidated Acts