A patent license of utility model shall be withdrawn with the lapse of the patent of utility
model or on a request by one of the parties to the contract and shall result from:
1° cancellation of the license contract;
2° invalidation of the patent of utility model by the courts.
When a license contract is concluded, the patent owner of utility model shall continue to
enjoy the rights granted to him by this Law. The patent owner of utility model may conclude
other patent licenses of utility model, 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 utility model, of all acts constituting use of the invention, in accordance
with article 79 of this Law.
The license contract of utility model 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 of utility model.
Article 86: 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 of
utility model 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
authorize the export in return for enormous fees or limit the licensee’s competitive
opportunities on the domestic and foreign market.
For the purposes of the provisions of this article, 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 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, and shall take into account