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Article 58
To be binding on third parties, any acts which transfer, amend or affect the rights
deriving from a patent application or a patent must be entered in a register known as
the “National Register of Patents”, which shall be kept by the Djibouti Office of
Industrial and Commercial Property.
However, an act shall be binding before such entry on third parties who have
acquired rights after the date of the act, with notice of the act when the rights were
acquired.
Acts amending the ownership of the patent application or patent or the enjoyment of
the rights deriving therefrom, such as assignment, licensing, the making or transfer of
a pledge or the surrender thereof, or seizure and the validation or lifting of seizure,
shall be entered at the request of one of the parties to the act.
For entries concerning references following a court judgment which has become
final, the Registrar’s Office shall send within 15 days of the date of said judgment, to
the Djibouti Office of Industrial and Commercial Property, a complete set of decisions
free of charge relating to the existence, scope and exercise of the rights deriving from
the protection granted under this Title.
The necessary formalities and the documents to be attached to the requests for
entries shall be fixed by regulation.
Section II Transfer and loss of rights
Subsection I General provisions
Article 59
Any interested person may obtain an excerpt from the National Register of Patents.
Subsection II Compulsory licenses
Article 60
Any person or entity under public or private law may, three years after the patent is
granted or four years after the date on which the patent is applied for, obtain from the
court a compulsory license for such patent, on the conditions provided for in Articles
61 and 62 below, if at the time of the request, and failing legitimate reasons, neither
the owner of the patent or his successor in title: (TRANSLATOR,S NOTE – TEXT
MISSING FROM ORIGINAL)
Article 61
Applications for compulsory licenses shall be lodged with the court. They must be
accompanied by proof that the applicant has not been able to obtain from the patent
owner a license to work by mutual agreement, in particular on reasonable
commercial conditions and arrangements. This proof shall not be required in the
cases provided for in the following paragraph.