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thereof and where the non-working or the qualitative or quantitative inadequacy of
the working undertaken seriously prejudices economic development or the public
interest, or has been unable to correct anti-competitive practices, the patents to
which the formal notice relates may be worked ex officio.
Ex officio working shall be enacted by presidential decree, based on a proposal by
the Ministry of Trade and Industry.
The time period of one year laid down in the first paragraph above may be extended
by decree where the patent owner provides proof of legitimate reasons which are
compatible with the needs of the national economy.
The extension referred to in the previous paragraph shall start on the date of expiry
of said time period of one year. The decision to grant this extension shall be taken
and notified according to the procedure and in the forms provided for by the decision
to serve formal notice.
Article 74
If, in accordance with the provisions of the first and second paragraphs of Article 73
above, recourse is had to the ex officio working of patents, the provisions of Articles
68 to 70 above shall apply.
Subsection III Ex officio licensing
Article 75
An ex officio license shall be granted by presidential decree, at the request of the
Minister of Defense.
This act shall fix the conditions for grant of the license to the exclusion of those
relating to the royalties to which it gives rise. The license shall enter into force on the
date on which the request for the ex officio license is made.
Failing amicable agreement between the patent owner and the Minister of Defense,
the amount of the royalties shall be fixed by the Civil and Commercial Chamber of
the Court of First Instance.
Article 76
The seizure of a patent may be authorized by an order from the President of the
Court ruling in summary proceedings, as provided for in Article 1, paragraph 1, of the
decision of March 11, 1969 on Protective Measures.
The order authorizing the seizure shall be notified to the patent owner, the Djibouti
Office of Industrial and Commercial Property and those persons holding rights in the
patent as entered in the National Register of Patents.