JuriSTEP
INTELLECTUAL PROPERTY LAW
action, without his consent, or by any action likely to violate such
rights.
6. When the public interest, specifically the national security, nutrition,
health or the development of other crucial sectors vital for national
economy requires, the Ministry with authority in this area may decide,
even without the agreement of the patent’s owner, that a third person
in service of the State assigned by the Minister may explore the
invention, subject to compensation to the patent’s owner.
7. The decision of the Minister may be subject to appeal before the
Supreme Court of Justice, which decision is final.
Article 8
Duration and annual fees
1. Without prejudice of sub-paragraph (b) of the following number, the
patent lapses 20 years from the date of deposit.
2. a)
When the invention patented is not sufficiently explored in a
industrial manner in Sao Tome and Principe, the owner of the
Patent may be forced to accept the granting of mandatory
licensees to whom has interest in it;
b) For the purposes of this Article, the invention is considered to be
exploited in an industrially manner if, on a case-by-case basis, the
product patented is manufactured or the process patented is used.
3. In order to maintain the patent in force, an annual fee shall be paid
upfront to the National Service for Intellectual Property, after the first
year to the deposit of the application of the Patent; a six-month’s
extension for the annual fee may be granted subject to a surcharge.
4. The rights deriving from the patent do not include:
a)
Acts regarding objects placed on the market is Sao Tome and
Principe by the owner of the patent or with the his consent;
b) The use of the objects on board of foreign aircrafts, terrestrial
vehicles or ships that temporarily or accidentally enter in the air
space, in the territory or in the territorial waters of Sao Tome and
Principe;
c)
Acts regarding
purposes;
an
Invention
patented
for
scientific
research
d) Acts performed by any person that, in good faith, in the date of
the deposit or, when the property is claimed on the date of priority
of the application based on which the patent was granted, and in
the territory of Sao Tome and Principe, were using the invention or
making real and serious preparations to use it, as long as the these
actions are not different in nature or purpose from the previous
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