Small Brothers Ltd. patented an invention here in Canada in 2015 for which there is great public demand. i. If Small Brothers Ltd. is not able to come anywhere near supplying the demand, MegaCorp could apply for a compulsory licence so that it can manufacture the product
ii. If MegaCorp. is granted a compulsory licence, it does not have to pay Small Brothers Ltd. royalties as a normal licensee must do.
iii. If MegaCorp. is granted a compulsory licence, it must pay a reasonable royalty fee to Small Brothers Ltd.
iv. Small Brothers Ltd. might lose its patent altogether if it cannot meet the demand.
v. If MegaCorp. had independently come up with the same invention but applied for a patent after Small Brothers Ltd. applied, it could also be granted a patent.
A) i and ii.
B) i and iii.
C) i, ii and iv.
D) i, iii and iv.
E) i, iii, iv and v.
Correct Answer:
Verified
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