Article 36
License Contract
(1) The owner of a patent may, by contract, grant to a person, whether natural person or
legal entity, a license enabling him to exploit the patented invention.
(2) The duration of the license may not be longer than that of the patent.
(3) The license contract shall be drawn up in writing and signed by the parties.
(4) The license contract shall be entered in the Special Register of Patents. It shall not
be binding on third parties until it is entered in the said Register and published in the form
specified in the Implementing Regulations relating to this Annex.
(5) The license shall be cancelled from the Register at the request of the owner of the
patent or the licensee on presentation of proof of the expiry or termination of the license
contract.
(6) In the absence of provisions to the contrary in the license contract, the grant of a
license shall not preclude the licensor from either granting licenses to other persons, subject to
notifying the licensee, or exploiting the patented invention himself.
(7) The grant of an exclusive license shall preclude the licensor from granting licenses
to other persons and, in the absence of provisions to the contrary in the license contract, from
exploiting the patented invention himself.
Article 37
Invalid Clauses
(1) Clauses in license contracts or relating to such contracts shall be invalid in so far as
they impose on the licensee, in the industrial or commercial sphere, restrictions not deriving
from the rights conferred by the patent or not necessary for the upholding of such rights.
(2) The following shall not be considered restrictions within the meaning of paragraph
(1) above:
(i) limitations relating to the extent, the scope or the duration of exploitation of the
patented invention;
(ii) the obligation on the licensee to abstain from any act liable to harm the validity of
the patent.
(3) In the absence of provisions to the contrary in the license contract, the license shall
not be assignable to third parties and the licensee shall not be authorized to grant sublicenses.
Article 38
Recognition of Invalid Clauses
Recognition of the invalid clauses referred to in Article 37 above shall be done by the
civil court at the request of any interested party.