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(4) A request for entry shall only be admissible if it is accompanied by the prescribed
fee given in Annex I.
(5) If the assignment or transfer is made in part only, the request for entry shall
identify, by referring to the claims, that part of the patent which is assigned or transferred.
60.—(1) The validity and opposability of the contract for assignment or transfer of a
patent shall be subject to prior examination of advisability by the Ministry responsible for
industry.
(2) In case of a favorable decision, the Office shall inform the former and the new
owner or, where appropriate, their agents or representatives and proceed with entry of the
assignment or transfer in the Register and shall address to the former and the new owners or,
where appropriate, their agents or representatives, a certificate of entry.
(3) If the decision is not favorable, the Office shall notify the owner of the decision of
the Ministry responsible for industry, setting out the reasons that have led to the decision.
61. The former or the new owner or both may, within two months of receipt of the
notification referred to in Article 60(3), above, file an appeal with the competent court.
Section II
Contractual Patent Licenses
62.—(1) A request for entry in the Register of Patents and Inventors’ Certificates of a
non-exclusive or exclusive license with respect to a patent application or a patent shall be
made in accordance with the form laid down in Annex II and addressed to the Office. It may
be made by the licensor or the licensee or by both.
(2) The request shall be accompanied by a copy of the licensing contract duly signed by
the parties to the contract. If the licensing contract is drawn up in a language other than
Malagasy or French, it shall be accompanied by a translation into one of these two languages.
(3) A licensing contract may only be invoked against others if it is entered in the
Register of Patents.
(4) The request for entry shall be admissible only if accompanied by the prescribed fee
given in Annex I.
(5) The Office shall proceed with entry of the contract and shall address a certificate to
the licensor and the licensee or, where appropriate, to their agents or representatives.
63. The rules relating to the examination of advisability referred to in Articles 60
and 61 of this Decree shall apply where the licensor grants more than one non-exclusive
license with respect to the same patent application or the same patent, in accordance with the
conditions set out in Article 35(2) of the Ordinance.
Section III
Compulsory License and Ex-officio License
64. A request for the grant of a compulsory license to the competent court in
accordance with Article 36 of the Ordinance shall be submitted in writing. It shall be duly
signed by the person making the request.
65.—(1) The request shall also contain the following particulars:
(a) the number of the patent with respect to which the license is compulsory;