s 54 Cancellation of entry made under section 53
54.—(1) At any time after an entry has been made under section 53 in respect of a patent, the proprietor of the patent may apply to the Registrar for cancellation of the entry. (2) Where an application under subsection (1) is made and the balance paid of all renewal fees which would have been payable if the entry had not been made, the Registrar may cancel the entry if satisfied that there is no existing licence under the patent or that all licensees under the patent consent to the application. (3) Within the prescribed period after an entry had been made under section 53 in respect of a patent, any person who claims that the proprietor of the patent is, and was at the time of the entry, precluded by a contract in which the claimant is interested from granting licences under the patent may apply to the Registrar for cancellation of the entry. (4) Where the Registrar is satisfied, on an application under subsection (3), that the proprietor of the patent is and was so precluded, the Registrar must cancel the entry. (5) The proprietor shall be liable to pay, within the prescribed period, a sum equal to the balance of all renewal fees which would have been payable if the entry had not been made, and the patent ceases to have effect at the expiration of that period if that sum is not so paid.[15/2012] (6) Where an entry is cancelled under this section, the rights and liabilities of the proprietor of the patent after the cancellation are the same as if the entry had not been made. (7) Where an application has been made under this section —(a) in the case of an application under subsection (1), any person; and (b) in the case of an application under subsection (3), the proprietor of the patent, may, within the prescribed period, give notice to the Registrar of opposition to the cancellation. (8) The Registrar must, in considering the application made under this section, determine whether the opposition is justified.