Section 27, The Patents and Industrial Design Act, 2012

(1) On a request made to the Registrar after the expirationof a period of four years from the date of filing of a patent application or three years from the date of the grant of the patent, whichever period expires last, the Registrar may issue a non-voluntary licence if he is satisfied that the patented invention is not exploited or is insufficiently exploited, by working the invention locally or by importation, in Sierra Leone. (2) Notwithstanding subsection (1), a non-voluntary licence shall not be issued if the owner of the patent satisfies the Registrar that circumstances exist which justifies the non-exploitation or insufficient exploitation of the patented invention in Sierra Leone. (3) A non-voluntary licence shall include - (a) the scope and function of the licence; (b) the time limit within which the licensee must begin to exploit the patented invention; and (c) the remuneration to be paid to the owner of the patent and the conditions of payment. (4) The beneficiary of a non-voluntary licence may exploit the patented invention in Sierra Leone according to the terms and time limit set out in the licence, and, thereafter, shall exploit the patented invention sufficiently. 18 19 Nonvoluntary licences. No. 10 Patents and Industrial Designs Act 2012 No. 10 Patents and Industrial Designs Act 2012 (5) Where- (a) the invention claimed in a patent cannot be exploited in Sierra Leone without infringing a patent granted on the basis of an application benefiting from an earlier filing or where appropriate, priority date: and (b) where the invention claimed in the later patent involves an important technical advance of considerable economic importance in relation to the invention claimed in the earlier patent, the Court, upon the request of the owner of the later patent, may issue a non-voluntary licence to the extent necessary to avoid infringement of the earlier patent. (6) Where a non-voluntary licence is issued under subsection (5), the Registrar, upon request of the owner of the earlier patent, shall issue a non-voluntary licence in respect of the later (7) In the case of a request for the issuance of a nonvoluntary licence under subsections (5) and (6), subsection (3) shall apply with such modifications as are necessary, provided that no time line shall be specified. (8) In the case of non-voluntary licence issued under subsection (5), the transfer may be made only with the later patent, and, in the case of non-voluntary licence issued under subsection (6), only with the earlier patent. (9) The request for the issuance of a non-voluntary licence shall be subject to the payment of the prescribed fee. (10) Subsection (4) to 12 of Section 26 shall apply with such modifications as are to this section.