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Such a license shall be requested and granted in the forms fixed by regulation.
An ex officio license shall be granted on specific conditions, in particular with regard
to its term and scope.
The royalties to which it gives rise shall be left to the discretion of the parties to
determine. Failing an agreement between them, such royalties shall be fixed by the
court.
The ex officio license shall come into force on the date of notification of the act
granting it to the parties. This act shall be entered as of right in the National Register
of Patents.
This license shall be non-exclusive and non-transferable, except with that part of the
enterprise or goodwill that enjoys such use.
If an ex officio license has been granted for an invention relating to a pharmaceutical
product by an exporter country in the framework of the system described in Article
31bis of the TRIPS Agreement and the annex thereto, and if appropriate payment
under the terms of Article 31(h) of that Agreement has been made in that country, the
obligation to make another payment for the same product imported into Djibouti shall
not apply.
Article 70
Amendments to the clauses of the license, which have been requested either by the
patent owner or the licensee, shall be decided upon and published according to the
procedure laid down for the grant of said license. Where they relate to the amount of
royalties, they shall be decided upon according to the procedure laid down for the
original fixing of that remuneration.
The withdrawal of the license requested by the patent owner for failure to comply with
the obligations imposed on the licensee shall be made in accordance with the
provisions of the regulatory text referred to in Article 69.
Article 71
The Minister of Trade and Industry may serve formal notice on the owners of
invention patents other than those referred to in Article 67 above to undertake the
working thereof in such a way as to meet the needs of the national economy or to
correct anti-competitive practices.
Article 72
The decision to serve the formal notice provided for in Article 71 above must be
substantiated and notified to the owner of the patent and, where applicable, the
holders of the licenses entered in the National Register of Patents or their agents.
Article 73
Where the formal notice provided for in Article 71 above has not been acceded to
within the time period of one year beginning from the date of receipt of notification