the court on the same terms as those that apply to the non-voluntary licenses granted under
Article 46 and on the following additional conditions:
(a) the invention claimed in the later patent must represent substantial technical
progress, of considerable economic interest, in relation to the invention claimed in the earlier
patent;
(b) the owner of the earlier patent has the right to a reciprocal license on reasonable
terms for the use of the invention claimed in the later patent;
(c) the use authorized in relation to the earlier patent shall be intransferable except
where the later patent is also transferred.
Article 48
Request for the Grant
of a Non-Voluntary License
(1) The request for the grant of a non-voluntary license shall be made to the civil court
of the domicile of the patentee or, if the latter is domiciled abroad, to the civil court of either
his elected domicile or the place in which he has named an agent for the purposes of filing.
Only requests made by persons domiciled on the territory of a member State shall be
considered.
The owner of the patent or his agent shall be informed thereof without delay.
(2) The request shall contain
(a) the name and address of the requester;
(b) the title of the patented invention and the number of the patent in respect of which a
non-voluntary license is requested;
(c) evidence that the working of the patented invention on the above-mentioned
territory does not meet demand for the protected product on reasonable terms;
(d) in the case of a non-voluntary license requested under Article 45 above, a statement
by the requester in which he undertakes to work the patented invention on the territory of one
of the member States in such a way as to meet the needs of the market.
(3) The request shall be accompanied
(a) by proof that the requester has previously approached the owner of the patent, by
registered letter, requesting a contractual license, but has been unable to obtain such a license
from him subject to reasonable commercial terms and procedures and within a reasonable
time;
(b) in the case of a non-voluntary license requested under Article 46 or 47, by proof
that the requester is capable of working the patented invention.
Article 49
Grant of Non-Voluntary License
(1) The civil court shall examine whether the request for the grant of a non-voluntary
license satisfies the requirements of Article 48 above. If the request does not satisfy the said
specified requirements, the court shall reject it. Before rejecting the request, the court shall
inform the requester of the deficiencies of his request and shall allow him to make the
necessary corrections.