9. Section 65 of the Patents Act is repealed and the following sections substituted therefor:
65. Subject to sections 65A to 65C, the powers exercisable in relation to an invention by a Government department or a person authorised by a Government department under section 61 shall include power to make, use, exercise and vend the patented invention for any purpose which appears to the Government department necessary or expedient —
to avoid prejudice to the security or defence of Singapore;
to assist in the exercise of powers and the implementation of civil defence measures during a state of emergency or state of civil defence emergency under the Civil Defence Act (Cap. 42); or
for public non-commercial use.
—(1) The right to use a patented invention under section 61 —
is not exclusive;
shall not be assigned otherwise than in connection with the goodwill of the business in which the patented invention is used;
is, notwithstanding subsection (2)(a) of section 61, limited to the supply of the patented invention predominantly in Singapore by a Government department or a person authorised by a Government department under that section.
(2) The right to use a patented invention under section 61 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.
(3) Except in a case to which section 65 applies, the right to use a patented invention under section 61 is subject to the Government department or the person authorised by a Government department under section 61 having first taken all reasonable steps to obtain the consent of the patentee to the use of the patented invention on reasonable commercial terms and conditions, and having failed to obtain such consent within a reasonable period of time.
—(1) Where any use of a patented invention is made by or with the authority of a Government department under section 65 in situations of national emergency or other circumstances of extreme urgency, the Government department shall, as soon as reasonably practicable, inform the patentee of such use and in the case of public non-commercial use, the Government department shall inform the patentee promptly of such use.
(2) Where any use of a patented invention is made by or with the authority of a Government department under section 61, the Government department shall, as soon as practicable after the use of the patented invention has begun, notify and furnish the patentee with such information as to the extent of the use as the patentee may from time to time reasonably require.
(3) Nothing in subsection (2) shall require the Government department to notify or disclose information to the patentee if to do so would, or might reasonably be expected to, prejudice the security or defence of Singapore.
65C. Where an act is done under section 61, the Government shall pay such remuneration to the patentee as may be agreed, or as may be determined by a method agreed, between the Government and the patentee having regard to the economic value of the patented invention or as may, in default of agreement, be determined by the court under section 64.”.