(2) Notwithstanding the provisions of paragraph (1) above, a non-voluntary license
may be transferred together with the establishment of the beneficiary of the non-voluntary
license or with the portion of his establishment that exploits the patented invention. No such
transfer shall be valid without the authorization of the civil court. Before granting the
authorization, the civil court shall give the owner of the patent a hearing. The civil court shall
notify the authorization to the Organization, which shall register and publish it. Any transfer
so authorized shall cause the new beneficiary of the non-voluntary license to accept the same
obligations as those that were incumbent on the former beneficiary.
Article 52
Amendment and Withdrawal
of the Non-Voluntary License
(1) At the request of the owner of the patent or the beneficiary of the non-voluntary
license, the civil court may amend the decision on the grant of the non-voluntary license
where new facts justify such amendment.
(2) At the request of the owner of the patent, the civil court shall withdraw the nonvoluntary license
(a) if the grounds for its grant have ceased to exist;
(b) if the beneficiary exceeds the scope of the license under Article 49(4)(a) above;
(c) if the beneficiary is in arrears with the payment of the remuneration referred to in
Article 49(4)(b) above.
(3) Where the non-voluntary license is withdrawn under paragraph (2)(a) above, the
beneficiary of the non-voluntary license shall be allowed a reasonable period within which to
cease working the invention where immediate cessation would have serious adverse
consequences for him.
(4) The provisions of Articles 48 and 49 of this Annex shall apply to the amendment or
withdrawal of the non-voluntary license.
Article 53
Appeals
(1) The owner of the patent, the licensee whose name appears in the Special Register or
any person who has requested the grant of a non-voluntary license may, within a period of one
month from the publication specified in Articles 49(5), 51(2) or 52(4) above, appeal to the
competent higher jurisdiction against a decision taken under Articles 49(3), 51(2) or 52 above.
(2) The appeal referred to in paragraph (1) above contesting the grant of a nonvoluntary license, the authorization to transfer a non-voluntary license or the amendment or
withdrawal of a non-voluntary license shall have staying effect.
(3) The decision on appeal shall be notified to the Organization, which shall register
and publish it.
Article 54
Defense of Rights Granted
(1) Any beneficiary of a contractual or non-voluntary license may, by registered letter,
summon the owner of a patent to bring the necessary judicial actions for civil or criminal
sanctions for any violation, mentioned by the said beneficiary, of the rights under the patent.