evidence that is pertinent provided by parties to the contract. The 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 decision.
Where the appellant is not satisfied by the appeal 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 appeal 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
Article 87: Licenses as of right
At any time following the grant of a patent of utility model certificate, the owner may submit
a request to the empowered authority for inclusion in the register of a reference to the
availability of “licenses as of right”.
The inclusion of a license of right shall grant any natural or legal person the right to obtain an
operating license for the patent of utility model, subject to conditions which are fixed by the
empowered authority upon agreement with the patent owner and the person applying for the
license.
A license 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 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 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.
From the date of the withdrawal of the inclusion of a license of right, the rights of the patent
owner of utility model shall be the same as if no inclusion had been made.
Article 88: Compulsory licenses
Compulsory licenses for utility model certificates shall be authorized only in cases of failure
or insufficiency of use.