Article 44
Competent Jurisdiction
(1) The actions referred to in Article 43 above and all disputes relating to patent
ownership shall be brought before the civil courts.
(2) If the action is simultaneously brought against the owner of the patent and one or
more limited licensees, it shall be brought before the court sitting in the established or elected
domicile of the said owner.
(3) The matter shall be examined and judged in the manner prescribed for summary
proceedings. If necessary, it shall be communicated to the Office of the Public Prosecutor.
Article 45
Recording of the Judicial Decision
on Invalidity or Forfeiture
Where the absolute invalidity or forfeiture of a patent has been pronounced by a court
decision that has become res judicata, the competent court shall inform the Organization
thereof, and the invalidity or forfeiture pronounced on the territory of a member State shall be
entered in the Special Register of Patents and published in the form specified in Article 32
above for granted patents.
TITLE IV
NON-VOLUNTARY LICENSES
Article 46
Non-Voluntary License for Non-Working
(1) At the request of any person made after the expiry of a period of four years from the
filing date of the patent application or three years from the date of grant of the patent,
whichever period expires last, a non-voluntary license may be granted where one or more of
the following conditions are fulfilled:
(a) the patented invention is not being worked on the territory of a member State at the
time the request is made;
(b) the working of the patented invention on such territory does not meet the demand
for the protected product on reasonable terms;
(c) on account of the refusal of the owner of the patent to grant licenses on reasonable
commercial terms and procedures, the establishment or development of industrial or
commercial activities on such territory is unfairly and substantially prejudiced.
(2) Notwithstanding the provisions of paragraph (1) above, a non-voluntary license
may not be granted if the owner of the patent provides legitimate reasons for the non-working
of the invention.
Article 47
Non-Voluntary License
for a Dependent Patent
Where a patented invention cannot be worked without infringing the rights under an
earlier patent whose owner refuses to authorize its use on reasonable commercial terms and
procedures, the owner of the later patent may obtain a non-voluntary license for such use from