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The Patents And Designs Act, 1911

( ACT NO. II OF 1911 )

Compulsory Licenses and Revocation

Revocation of patents worked outside Bangladesh
23. (1) At any time not less than four years after the date of a patent granted under this Act, any person may apply to the Government for relief under this section on the ground that the patented article or process is manufactured or carried on exclusively or mainly outside Bangladesh.
(2) The Government shall consider the application, and, if after inquiry it is satisfied-
(a) that the allegations contained therein are correct; and
(b) that the applicant is prepared, and is in a position, to manufacture or carry on the patented article or process in Bangladesh; and
(c) that the patentee refuses to grant a license on reasonable terms,
then, subject to the provisions of this section, and unless the patentee proves that the patented article or process is manufactured or carried on to an adequate extent in Bangladesh, or gives satisfactory reasons why the article or process is not so manufactured or carried on, the Government may make an order-
(a) revoking the patent either-
(i) forthwith; or
(ii) after such reasonable interval as may be specified in the order, unless in the meantime it is shown to its satisfaction that the patented article or process is manufactured or carried on within Bangladesh to an adequate extent; or
(b) ordering the patentee to grant a license to the applicant which may be a license exclusive to him or otherwise as the Government may direct.
(3) No order revoking a patent shall be made under the last sub-section which is at variance with any treaty, convention, arrangement or engagement with any foreign country 1[* * *].
(4) The Government may, on the application of the patentee, extend the time limited in any order made under sub-section (2), clause (ii), for such period not exceeding two years as it may specify in a subsequent order, or revoke any order made under sub-section (2), clause (ii), or any subsequent order if sufficient cause is in its opinion shown by the patentee.

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