Patents Act 2013

Subpart 5—Compulsory licences

Compulsory licences for supply of patented inventions predominantly in New Zealand

169 Application for compulsory licence where market is not being supplied, or is not being supplied on reasonable terms, in New Zealand

(1)

Any person may apply to the court for the grant of a licence under a patent on either of the grounds specified in subsection (2) at any time after the later of—

(a)

the expiry of 3 years from the date that the patent is granted; or

(b)

the expiry of 4 years from the patent date.

(2)

The grounds are that a market for the patented invention—

(a)

is not being supplied in New Zealand; or

(b)

is not being supplied on reasonable terms in New Zealand.

Compare: 1953 No 64 s 46(1), (2)