9
The licence cannot be assigned, but it can be determined
by the Board of Trade if in the opinion of the Board of Trade :
(a) The Licensee has failed to use the licence so as to satisfy
the reasonable requirements of the public with regard
to the patented invention ; or
(b) The Licensee has charged unreasonable or excessive
prices for articles made under the licence ; or
(c) Circumstances have arisen which make it just and
equitable that the licence should be determined in
whole or part.
Manufacturers’ Outlay.
If licences were to be generally granted to any and
every applicant, no encouragement whatever would be given
to manufacturers to introduce the invention by putting down
plant or taking unusual and expensive steps to make the
article known, and therefore the continuity of the enjoyment
of the licence is a condition that will undoubtedly be taken
into account by the Board of Trade should the patentee
at any time after the war apply to have the licence
cancelled on the ground that the terms given have not been
equitable or that material facts were not presented to the
Board of Trade when such licence was granted. Unless a
manufacturer is assured that it will be worth his while to
spend money in preparing for the manufacture of a patented
article and possibly go to great expense in the matter of tools
and plant, or in preparing catalogues and lists of such for
securing publicity, no benefit will result to British industry.
On the other hand, all these facts in the matter of expense,
outlay and convenience will have to be taken into account if
the licence is ever subsequently interfered with, so that the
manufacturer need be under no real apprehension as to any
vexatious or malicious interference that is likely to arise with
his enjoyment of the licence when once that has been granted,
although it w’ould be well for him to remember that such
licence has been granted primarily for the benefit of the
British public and the requirements of British industries.
When the Bill relating to Patents owned by the enemy
■Was introduced in the House of Commons, it was made clear