Negarit Gazeta -
No. 25 -
lOth May 1995 -" Page 226
33. Exploitation Fee
1.
Any person who is granted a compulsory license shall
pay the patentee a
reasonable
exploitation fee, the
amount of which shall .he fixed by both parties.
2.
Where the parties disagree on the
amount of fee,it
shall be fixed by the Commission.
Section 8
Terrni~Lation. Surrender and Invalidation of a Patent
34. Termination of a Patent
A patent shall terminate if:
1.
the patentee surrenders it by a written declaration to
the Commission, or
2.
the annual fee is not paid in due time.
35. Surrender of a Patent
Surrender of a patent:
1.
may be limited to one or more claims of the patent,
2.
shall he immediately registered and published by the
Commission, and
3.
which has heen subjected to a license shall only take
effect upon the submission of a declaration by which
the registered licensee consents to the surrender.
36. Invalidation of a Patent
1.
A patent shall be invalidated in whole or in part by
the court upon request by an interested party if it is
proved that:
a) the subject matter of the patent is not patentable
aecording to Articles 3 and 4 of this proclama
tion;
IJ) the description does not disclose the invention in
a manner sufficently clear & complete for it to
he carried out by a person skilled in the art.
2.
Any invalidated
patent in whole or in part shall be
deemed void from the date of grant of the patent.
37. References
The provisions of Articles 34 -
36 shall apply
mutandis to the termination, surrender and
mutatis
invalidation
of patents of introduction.
CHAPTER THREE
UTILITY MODELS CERTIFICATES
38. Protection IIf .Minor Inventions
1. A minor invention that possesses novelty & industrial
applicahility shall give rise to a right to protection in
favour of the author there of.