Chapter V Joint ownership of certificates 35. Subject to the provisions of Article 38 below, joint ownership of an application for a certificate or a certificate shall be governed by the following provisions: (a) each of the joint owners may work the plant variety for his benefit, provided that he compensates fairly the other joint owners who are not personally working the plant variety or who have not granted licenses for use. Failing amicable agreement, such compensation shall be fixed by the competent court; (b) each of the joint owners may bring infringement proceedings for his sole benefit. The proceedings must be notified to the other joint owners. No decision shall be handed down on the proceedings until proof of such notice has been provided; (c) each of the joint owners may grant a non-exclusive license for use to a third party for his benefit, provided that he fairly compensates the other joint owners who are not personally working the plant variety or who have not granted a license for use; failing amicable agreement, this compensation shall be fixed by the competent court. However, the intent to grant must be notified to the other joint owners, accompanied by an offer to assign the share at a given price. Within a period of three months following such notice, any of the joint owners may oppose the grant of the license, provided that he acquires the share of the person seeking to grant the license. Failing an agreement within the time period set in the previous paragraph, the price shall be fixed by the competent court. The parties shall have one month starting from the notice of the court decision to withdraw from the grant of the license or the purchase of the joint owner’s share, without prejudice to the award of any damages which might be due. Costs shall be borne by the withdrawing party. (d) an exclusive license for use may only be granted with the agreement of all of the joint owners or by leave of the court; (e) each joint owner may assign his share at any time. Joint owners shall have a right of preemption during a period of three months starting from the notice of intent to assign. Failing an agreement on the price, it shall be fixed by the competent court. The parties shall have one month starting from the notice of the court decision to withdraw from the sale or purchase of the joint owner’s share, without prejudice to the award of any damages which might be due; costs shall be borne by the withdrawing party. 36. The provisions of Articles 960 to 981 of the Dahir of 9 ramadan 1331 (August 12, 1913) forming the Code of Obligations and Contracts shall not apply to joint ownership of an application for a certificate or a certificate. 37. A joint owner of an application for a certificate or a certificate may notify the other joint owner that he is waiving his share for their benefit. As from the entering of such waiver in the National Register of Plant Breed Certificates or, in the case of an application for a certificate that has not yet been published, as from its notification to the competent authority, said joint owner shall be discharged from all obligations in respect of the other joint owners. The other joint owners shall divide up the waived share in proportion to their rights in the joint ownership, unless stipulated otherwise. 38. The provisions of Articles 35 to 37 above shall apply in the absence of any provisions to the contrary.