Compensation for use of a patented invention1 under Crown powers2 is payable to the proprietor of the patent3, except in the following three cases when it is payable, wholly or in part, to a licensee or an assignor, as the case may be:
(1) where an exclusive licence4 granted otherwise than for royalties5 or other benefits determined by reference to the working of the invention is in force under the patent or the application concerned, then, in relation to anything done in respect of the invention which would, but for the provisions as to Crown powers of use6, be
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