page 23
Once notice of seizure has been given, no subsequent amendment of the rights
deriving from the patent shall be binding on the attaching creditors.
Notice of seizure shall be given within 15 days of the order, on pain of invalidation.
On pain of invalidation for the seizure, the attaching creditors shall have 15 days as
from the date of the entry of the seizure in the National Register of Patents to give
such notice to file proceedings before the court for confirming the validity of the
seizure or the action on merit.
The Court shall have the authority to order the placing of the patent for sale by
converting the garnishment into distraint.
Subsection V Joint ownership of patents
Article 77
Subject to Article 79 below, the joint ownership of a patent application or a patent
shall be governed by the following provisions:
((a) each of the joint owners may work the invention for his benefit, provided that he
fairly compensates the other owners who are not personally working the invention or
who have not granted licenses for use. Failing amicable agreement, such
compensation shall be fixed by the court;
((b) each of the joint owners may take legal proceedings in respect of infringements
for his sole benefit. The petition for infringement must be notified to the other joint
owners. No court decision shall be taken on the proceedings until proof of such
notice has been provided;
((c) each of the joint owners may grant a third party a non-exclusive license for use
for his benefit, provided that he fairly compensates the other joint owners who are not
personally working the invention or who have not granted licenses for use. Failing
amicable agreement, this compensation shall be fixed by the court. Nevertheless,
the intent to grant must be notified to the other joint owners, accompanied by an offer
to transfer the share at a given price. Within three months following this notice, any
of the joint owners may oppose the grant of license, provided that he acquires the
share of the joint owner wishing to grant the license. Failing an agreement within the
time period stipulated above, the price shall be fixed by the court. The parties shall
have 30 days as from notice of the court decision, to withdraw from the grant or the
purchase of the joint owner’s share, without prejudice to the award of any damages
which may be due; costs shall be borne by the withdrawing party.
(d) an exclusive license for use may only be granted with the consent of all of the
joint owners or by leave of the court;
(e) each joint owner may assign his share at any time. The joint owners shall have a
right of preemption for three months starting with the notice of intent to assign. Failing
an agreement on the price, it shall be fixed by the court. The parties shall have 30
days as from notice of the court decision to withdraw from the sale or purchase of the
share of the joint ownership, without prejudice to the award of any damages which
may be due; costs shall be borne by the withdrawing party.