(2) Where the request for the grant of a non-voluntary license satisfies the requirements
of Article 48 above, the civil court shall notify it to the owner of the patent concerned, and
also to any licensee whose name appears in the Register of Patents, and shall invite them to
submit their observations on the said request in writing within a period of three months. Such
observations shall be communicated to the requester. The civil court shall likewise notify the
request to any government authorities concerned. The civil court shall hold a hearing on the
request and the observations received to which the requester, the owner of the patent, any
licensee whose name appears in the Register of Patents and any government authorities
concerned shall be invited.
(3) Once the procedure prescribed in paragraph (2) above has been completed, the civil
court shall take a decision on the request, either granting or refusing the non-voluntary
license.
(4) If the non-voluntary license is granted, the decision of the civil court shall specify
(a) the scope of the license, specifying in particular the acts referred to in Article 1(2)
of this Annex to which it extends and the period for which it is granted, it being understood
that a non-voluntary license granted under Article 46 or 47 above cannot extend to the act of
importation;
(b) the amount of the remuneration to be paid by the licensee to the owner of the patent;
in the absence of agreement between the parties, such remuneration shall be equitable, due
regard being had to all the circumstances of the case.
The said amount shall be subject to judicial revision.
(5) The decision of the civil court shall be in writing and shall state the grounds on
which it is based. The civil court shall convey the decision to the Organization, which shall
register it. The civil court shall publish the decision and shall notify it to the requester and to
the owner of the patent. The Organization shall notify the decision to any licensee whose
name appears in the Special Register of Patents.
Article 50
Rights and Obligations of the Holder
of a Non-Voluntary License
(1) After the expiry of the time limit for appeal specified in Article 52 of this Annex, or
once an appeal decision has been handed down that wholly or partly upholds the decision by
which the civil court granted the non-voluntary license, the grant of the latter shall authorize
the licensee to exploit the patented invention according to the terms laid down in the decision
of the civil court or in the appeal decision, and shall require him to pay the remuneration
specified in the said decisions.
(2) The grant of a non-voluntary license shall not affect either license contracts in force
or non-voluntary licenses in force and shall not preclude the conclusion of other license
contracts or the grant of other non-voluntary licenses. The patentee may not however grant to
other licensees more favorable terms than those of the non-voluntary license.
Article 51
Limitation of the Non-Voluntary License
(1) The beneficiary of the non-voluntary license may not, without the consent of the
owner of the patent, grant any third party permission to perform any of the acts that he is
authorized to perform under the non-voluntary license.