authorize the export in return for enormous fees or limit the licensee’s competitive
opportunities on the domestic and foreign market.
Consequently, the empowered authority may refuse to record a license contract when he
decides that the contract concerning the right in question contains one or more clauses that are
abusive, or anti-competitive or in any manner restrain trade, or limit access to technology or
are likely to have any of those effects. The empowered authority shall hear the allegations of
the parties to the contract, if one or both so request. Those allegations shall take into account
evidence that is pertinent. Any decision to refuse to record the contract may be subject to
appeal to the appeal committee provided by this Law within a period of thirty (30) days from
the date on which the owner was notified the empowered authority’s decision.
Where the appellant is not satisfied by the appealing committee’s decision, he may appeal to
the competent tribunal within a period of thirty (30) days from the date on which he was
notified the appealing committee’s decision.
For the purposes of the provisions of this article, any limitations imposed on the licensee that
do not derive from the rights conferred by the registration of the licensed right, and that are
not necessary for the safeguard of that right shall be deemed abusive or, in the event that they
have anti-competitive effects, anti-competitive.
SECTION 7: NON-CONTRACTUAL LICENSES
Sub-section one: Licenses as of right
Article 46: Procedures for grant of licenses as of right
At any time, following the grant of a patent, the owner may submit a request to the
empowered authority for inclusion in the register of a reference in relation to the availability
of “licenses as of right”.
The inclusion of a license as of right shall grant any natural or legal person the right to obtain
an operating license for the patent, subject to conditions which can be fixed by the
empowered authority resulting from an agreement with the owner and the person applying for
the license.
A license as of right shall not be included if a license contract has been previously registered,
unless the licensee consents thereto.
Following the inclusion of the reference to a license as of right, the renewal fee shall be
reduced by fifty per cent.
At any time following inclusion, the patent owner may submit a request to the empowered
authority for removal of the inclusion of a license of right.
The empowered authority may withdraw the inclusion of a license as of right, if no other
license exists or if all the licensees have consented to this request. The withdrawal is effected
in return for the payment of a balance of all the renewal fees which would have been due if
the inclusion had not been made.