Stop the ransom demands: compulsory licensing in the patent arena

The scope of the monopoly granted to a patent proprietor is defined in the patent claims and the effect of a patent in this respect is to grant to the patentee, in the Republic of South Africa, for the duration of the patent, the right to exclude others from making, using, exercising, disposing of, offering to dispose of or importing the invention, so that he or she shall have and enjoy the whole profit and advantage accruing by reason of the invention. In the event that anyone else performs any of the above, they will be in breach of the patentee’s rights and the patentee will have recourse against them for patent infringement.