Patents Act, 1978 (Act No. 57 of 1978)Chapter XI : Infringement71. Special provisions as to vessels, aircraft and land vehicles of convention countries |
| (1) | Subject to the provisions of this section, the rights of a patentee shall not be deemed to be infringed— |
| (a) | by the use on board a convention vessel of the patented invention in the body of the vessel or in the machinery, tackle, apparatus or other accessories thereof, if the vessel comes into the territorial waters of the Republic, temporarily or accidentally only, and the invention is used exclusively for the actual needs of the vessel; or |
| (b) | by the use of the patented invention in the construction or working of a convention aircraft or land vehicle or accessories thereof if the aircraft or vehicle comes into the Republic temporarily or accidentally only. |
| (2) | For the purposes of this section, vessels and aircraft shall be deemed to be vessels and aircraft of the country in which they are registered, and land vehicles shall be deemed to be vehicles of the country within which the owners are ordinarily resident. |