Section 61
Nature and scope of rights under section 58
of Patents Act
(1)
The right to use a patented invention under section 58 —
(a)
is not exclusive;
(b)
shall not be assigned otherwise than in connection with the goodwill of the business in which the patented invention is used; and
(c)
is, notwithstanding section 58(3)(a), limited to the supply of the patented invention predominantly in Brunei Darussalam by the
Government or a party authorised by the Government under that section.
Patents
B.L.R.O. 6/2023 91
(2)
The right under section 58 to use a relevant health product which is imported under section 58(2) does not include a right to export the relevant health product.
(3)
The right to use a patented invention under section 58 may, on the application of any interested party, be terminated by the court, where the court is satisfied that the circumstances that gave rise to the right to use the patented invention have ceased to exist and are unlikely to recur.
(4)
Where the court has terminated the right under section 58 to use a patented invention, the court may make such consequential orders as it thinks necessary.