64. Power of Commissioner to give directions to co-owners---(1) Where
2 or more persons are registered as grantee or proprietor of a patent,
the Commissioner may, upon application made to him in the prescribed
manner by any of those persons, give such directions in accordance with
the application as to the sale or lease of the patent or any interest
therein, the grant of licences under the patent, or the exercise of any
right under section 63 of this Act in relation thereto, as he thinks
fit.
(2) If any person registered as grantee or proprietor of the patent
fails to execute any instrument or to do any other thing required for
the carrying out of any direction given under this section within 14
days after being requested in writing so to do by any of the other
persons so registered, the Commissioner may, upon application made to
him in the prescribed manner by any such other person, give directions
empowering any person to execute that instrument or to do that thing in
the name and on behalf of the person in default.
(3) Before giving directions in pursuance of an application under this
section, the Commissioner shall give an opportunity to be heard,---
(a) In the case of an application under subsection (1) of this
section, to the other person or persons registered as grantee or
proprietor of the patent:
(b) In the case of an application under subsection (2) of this
section, to the person in default.
(4) An appeal to the Court shall lie from any decision or direction of
the Commissioner under this section.
(5) No directions shall be given under this section so as to affect
the mutual rights or obligations of trustees or of the personal
representatives of a deceased person, or their rights or obligations as
such.
Cf. Patents Act 1949, s. 55 (U.K.); 1921-22, No. 18, s. 42; 1939,
No. 26, s. 66
As to appeals to the Court of Appeal, see ss. 97 (4) (a) and 98
(b).