distributing such products, shall lapse where the owner undertakes to
market those products in any state or license a third party to do so.
The use by a third party of a protected industrial design in any of
the following shall not be deemed to constitute an infringement of such
a right:
(1) Activities relating to scientific research.
(2) Use for teaching and training purposes.
(3) Non-commercial activities.
(4) Manufacture or sale of parts of such products, for the purpose of
repair, against fair compensation.
(5) Other uses that do not unreasonably conflict with the normal
exploitation of the protected industrial design and that do not
unreasonably compromise the legitimate interests of the owner, taking
into consideration the legitimate interests of third parties.
Article 128
The ownership of an industrial design may be assigned, wholly or partly,
against or without compensation. It may also be subject to a mortgage
or a right of disposal.
Without prejudice to the provisions pertaining to the sale and mortgage
of commercial enterprises, the transfer of ownership of an industrial
design, its mortgage or disposal shall not be valid with respect to
a third party unless such an act has been duly recorded in the register
of industrial designs.
The Regulations shall prescribe the relevant procedures in this regard.
Article 129
The Trade Registry Department may, when public interest so requires,
and subject to the approval of a ministerial committee established by
a decision of the Prime Minister upon submission of the competent
minister, issue a motivated decision to grant a third party
non-voluntary and non-exclusive license for the exploitation of the
protected industrial design, against fair compensation. The
Regulations shall provide for the terms, conditions and procedures for
the grant of such a license.
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