page 19
At any time, the court may, even without the approval of the owner of the patent,
authorize a government agency or a third person designated by the court to work the
invention if:
(i) the public interest, in particular, national security, nutrition, health or the
development of other vital sectors of the national economy so requires,
(ii) it is determined that the manner of working of the invention or other use of the
patent, by the owner of the patent or his licensee, shall be anti-competitive or
constitute an abuse of the exclusive rights granted under the patent.
In the cases provided for in the previous paragraph, as well as in any case of public
use for non-commercial purposes or in situations of national emergency, the patent
owner shall nonetheless be informed of the decision as soon as is reasonably
possible.
Article 62
Compulsory licenses may only be non-exclusive.
Compulsory licenses shall be non-exclusive and non-transferable, except with that
part of the enterprise or goodwill that enjoys such use.
Any compulsory license shall be granted primarily to supply the Djiboutian market,
except in the event of application of Article 31bis of the TRIPS Agreement.
They shall be granted on conditions set by the court, in particular with regard to their
duration and scope, which shall be limited to the purposes for which the licenses
have been granted, and shall be subject to payment of an appropriate royalty to the
patent owner. Such royalties shall be fixed, taking into consideration the economic
value of the working of the patent, as determined in the court’s decision or given the
need to correct anti-competitive or abusive practices.
These conditions may be amended by the court at the request of the patent owner or
licensee.
These conditions for the granting of this compulsory license may be amended by the
court at the request of the patent owner or licensee.
Article 63
Where the circumstances which led to the granting of the compulsory license no
longer remain and will in all likelihood not recur, the license to work may be
withdrawn on the condition that licensees’ legitimate interests are adequately
protected. The court may review, upon the substantiated request of any party having
an interest therein, whether these circumstances still exist.
Article 64
Court decisions which have become final and have been taken pursuant to the