Sri Lanka Consolidated Acts

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Code Of Intellectual Property Act (No. 52 of 1979) - Sect 91

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

91. 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(a) the patent application is withdrawn.;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 shall he required to make repayment only in part, to the extent that he can prove that any such re payment would be inequitable under all the circumstances, in particular if the licensee has effectively profited from the licence.

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