Negarit Gazeta -
2.
No. 25 -
The patentee shall
lOth May 1995 -
work
the
Page 225
invention in a scale
which is adequate and reasonable in the circumstances.
28. Reference
The provisions of the section here in above
shall apply,
mutatis mutandis, to patents of introduction.
Section 7
Compulsory License
29. Application f'lr a Compulsory License
1.
The patentee whose invention cannot be
worked ef
fectivdywithout the invention patented earlier may
apply for a compulsory license to use the earlier in
vention.
2.
The earfier patentee whose invention cannot he work
ed effectively without the later invention may apply
for a compulsory license to use the later invention.
-3.-Any-pOrsoii-WliO-ls ·cap.a1iIe·of working
;-p~t~ted-·i~-
vention may apply for a compulsory license,
where
the patentee fails, without legitimate reason to justify
his inaction, to work his invention in Ethiopia, after
the expiration of a period of three years from the date
of grant of the patent or four years from the date of
filing of the patent application which
ever
expires
last.
30. Grant of Compulsory License
1.
Where the Commission finds the request to be satis
factory, it shall grant a compulsory license.
2.
The grant of a compulsory license shall
not exclude
the exploitation of the invention, the
conclusion of
license contracts by the
patent or the
owner of the
grant of other compulsory licenses.
3.
The decision made by the
Commission to
grant a
compulsory license shall be registered and announced
in the official gazette.
31. Proof Required of the Applicant
The person requesting for a compulsory license to exploit
an invention shall furnish proof that he has not been able
to conclude a license contract with the patentee for the ex
ploitation of the invention on reasonable terms.
32. Limitation of Rights of Licensee
1.
Any person who is granted compulsory license for the
exploitation of a patented invention shall not have an
exclusive right of over the invention and shall not have
a right to authorize exploitation by any other person.
2.
The Iicensee shall have the right to exploit the pat
ented invention in Ethiopia according to the terms set
out in the decision- granting the license,
and
shall
commence the working of the patented invention with
in the time limit fixed in the said decision.