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Compulsory licences.
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49.—(1) At any time after a design has been registered, any person may apply to the Controller for the grant of a compulsory licence in respect of the design on the ground that—
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(a) a demand in the State for a product incorporating the design is not being met or is not being met on reasonable terms, or
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(b) a demand in the State for a product incorporating the design is being met by importation other than from a member of the World Trade Organisation,
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and the Controller may make an order on the application as he or she thinks fit.
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(2) An order for the grant of a licence shall, without prejudice to any other method of enforcement, have effect as if it were a deed executed by the registered proprietor and all other necessary parties granting a licence in accordance with the order.
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(3) Where an order granting a compulsory licence has been made under subsection (1), any person may apply to the Controller for an order amending or cancelling that order on the grounds that the circumstances which led to that order have changed or have ceased to exist and are unlikely to recur, and the Controller may make an order on such application upon such terms as he or she thinks fit, including terms which provide for the protection of the interests of the licensee concerned.
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(4) Subsection (3) shall also apply to an order made under that subsection.
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