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provisions of this Subsection II must be immediately notified to the Djibouti Office of
Industrial and Commercial Property, which shall enter them in the National Register
of Patents.
Article 65
The beneficiary of a compulsory license may obtain from the court, on the conditions
provided for in Articles 60 to 62 above, failing a mutual agreement, a compulsory
license for a certificate of addition deriving from the patent itself even if such
certificate has been granted prior to the expiry of the time periods stipulated in Article
60 above.
Article 66
Where an invention protected by a patent cannot be used without infringing the rights
deriving from an earlier patent whose owner refuses to grant a license for use on
reasonable commercial terms and arrangements, the owner of the subsequent patent
may obtain a compulsory license from the court on the same conditions as those
provided for in Articles 60 to 62 above, provided that:
any application for a non-compulsory license shall be subject to the payment of a set
fee.
Article 67
Where public health interests so dictate, patents granted for drugs, for processes to
obtain drugs, for goods needed to obtain these drugs or for processes for
manufacture of such products, may, where the drugs are made available to the public
in quantity or quality that are inadequate or at abnormally high prices, be worked ex
officio.
In situations of national emergency or to protect public health, the Government shall
import in sufficient quantity and at an affordable cost medicines worked ex officio if it
is unable to produce generic medicines itself.
Ex officio working shall be enacted by presidential decree, based on a proposal by
the Minister of Health.
Article 68
The decree referred to in Article 67 above shall be notified to the patent owner, to the
licensees, where applicable, and to the Djibouti Office of Industrial and Commercial
Property, which shall enter it as of right in the National Register of Patents.
Article 69
On the day on which the Decree enacting the ex officio working of a patent is
published, any qualified person may request the granting of a so-called “ex officio
license” to work.