NegaritGazeta -
No. 25- lOth May 1995 -Page 224
24. Patentee's Course of Action Against Infringement
The patentee shall, in addition to any other rights, reme
dies or actions available to him, have the right subject to
Articles 25, 26, 29 to 33 to
institute
court
proceedings
against any person who infringes the patent by performing,
without his agreement, any of the acts referred to in Article
22 (1) or who performs acts
which
make it likely that
infringement will occur.
25. Limitation of Rights
1.
The rights of the patentee shall not extend to:
a)
acts done for non-commercial purposes;
b) the use of the patented invention
solely for the
purposes of scientific research & experimentation;
c)
acts in respect of patented Articles which have
.been.puc.ca ethe--IIllIl"ket-in-EtlW7pifi, -by -tfte-owneJ<"
of the patent or wiJth his consent, or
d) the use of patented
vehicles or vessels of
airel'aft, land
Articles on
other
temporarily or accidentally
countries
enter
which
into the air
space, territory,or waters of Ethiopia.
2.
Where the public
interest, in
particular,
national
security, nutrition, health or the development of other
vital sectors of the national economy so requires, the
Commission may decide that, even without the agree
ment of the patentee, a government agency or a third
person designated by the Commission to exploit the
invention subject to the payment of an equitable re
muneration to the patentee. The decision of the Com
mission with regard to the remuneration may be sub
ject to appeal before the court.
26. Prior Users
1. Any person who in good faith, has been using
the
invention covered by an application for protection on
or prior to the filing date or, where priority is claim
ed, the priority date of the application, has a personal
right to continue to use that
invention
despite the
existence of the patent.
2. The right of prior users referred to in sub-article (1)
herein above may be transferred only
the enterprise or business, or with
enterprise or business, in which the
together with
that
part of the
use or prepara
tions for use have been made.
27. Duties of the Patentee
1. The patentee shall have the duties to work the patent
ed invention or to authorize other
same in Ethiopia.
persons to do the