Patents Act, 1978 (Act No. 57 of 1978)Chapter XVI : Miscellaneous90. Certain conditions excluded from contracts |
| (1) | Any condition in a contract relating to the sale of a patented article or to a licence under a patent of which the effect will be— |
| (a) | to prohibit or restrict the purchaser or licensee from purchasing or using any article or class of articles, whether patented or not, supplied or owned by any person other than the seller or licensor or his nominee; |
| (b) | to prohibit or restrict the licensee from using any article or process not protected by the patent; |
| (c) | to require the purchaser or licensee to acquire from the seller, licensor or his nominee any article or class of articles not protected by the patent; |
| (d) | to require or induce the purchaser to observe a specified minimum resale price in respect of any article or class of articles protected by the patent; or |
| (e) | to prohibit or restrict the making, using, exercising or disposing of the invention concerned in any country in which the invention is not patented, |
shall be null and void.
| (2) | Nothing in this section shall— |
| (a) | affect any condition in a contract whereby a person is prohibited from selling any goods other than those of a particular person; or |
| (b) | affect any condition in a contract for the lease of or a licence to use a patented article, whereby the lessor or licensor reserves to himself or his nominee the right to supply such new parts of the patented article, other than ordinary articles of commerce, as may be required to put or keep it in repair. |