The license contract shall be submitted to the empowered authority which shall keep the
content secret.
Recording of the license contract in the register of patents by the empowered authority shall
be subject to payment of the prescribed fee for the publication of the license contract.
Any license contract shall be valid once recorded in the register of patents.
Patent license withdrawing shall be subject to the invalidation of the patent or on a request of
one of the parties to the contract and shall result from:
1°
cancellation of the license contract;
2°
invalidation of the patent by the courts;
When a license contract is concluded, the patent owner shall continue to enjoy the rights
granted to him by this Law. The patent owner may conclude other patent licenses, unless
otherwise stipulated in the contract, in particular where the license contract provides that the
license is exclusive.
The authorization granted to the licensee shall extend to the performance, in relation to the
patented invention, of all acts constituting use of the invention, in accordance with article 37
of this Law.
The license contract may be exclusive, semi exclusive or non exclusive.
The licensee shall not be authorized to conclude license agreements with third parties, in
relation to the patented invention which is the subject of the license.
Article 45: Control of anti-competitive practices in contractual licenses
In order to guarantee free and honest practices in the exercise of industrial and commercial
activities, the empowered authority shall examine, at the time the license contracts are
registered, whether certain practices or conditions limit competition or may have prejudicial
effects on trade and hamper the transfer and dissemination of technology.
The empowered authority may adopt appropriate measures to prevent or control license issue
practices which may include exclusive reassignment clauses, conditions preventing the
dispute of validity and a coercive grouped licenses regime.
The empowered authority shall examine in particular whether the clauses of the contract do
not oblige the licensee to pay fees for an invention not used or not patented, or to pay
enormous sums in fees, even before the invention is used.
The empowered authority shall examine whether the license contract does not oblige the
licensee to import raw materials, intermediate goods or equipment from the licensor, even
without the guarantee of quality and profitability of the goods to be produced.
The empowered authority shall verify the clauses of the contract license, the effect of which is
to prevent by excessive means the export of the goods made by the licensee, and which