18

(b) the particulars of the requester;
(c) one or more of the reasons given in Article 36(1)(i), (ii) and (iii) of the Ordinance;
(d) the plan according to which the requester proposes to work the patented invention
together with, if the request is based on Article 36(1)(i) of the Ordinance, proof that he is
capable of working the patented invention within the country;
(e) name, address, nationality and domicile of the requester.
(2) The request shall only be admissible if accompanied by payment of the prescribed
fee referred to in Annex I.
66. In assessing the reasons justifying the grant of a compulsory license, particularly
that of effective and serious working, the competent court shall take into account, case by
case, all the factual circumstances and, in particular, the nature of the invention, the size and
capacity of the enterprise of the owner and of the requester as also of the needs of the market.
67. The competent court shall determine the time limits and conditions for hearing the
owner of the patent and the person requesting a compulsory license.
68.—(1) The decision to grant or refuse a compulsory license shall be entered in the
Register of Patents and Inventors’ Certificates and shall be published in the Official Gazette
of Industrial Property.
(2) The entry and publication shall comprise, in particular, the information referred to
in Article 65(1) of this Decree.
69. Pursuant to Article 36(3) of the Ordinance, requests for entry of the transfer of a
compulsory license shall contain details on the simultaneous transfer of the establishment of
the holder of the license or of that part of the establishment in which the patented invention is
worked.
70. Any court decision ordering withdrawal of a compulsory license shall be entered in
the Register of Patents and Inventors’ Certificates and published in the Official Gazette of
Industrial Property. Entry and publication shall comprise, in particular, the information
referred to in Article 65(1) of this Decree.
71. Any decision relating to an ex-officio license in accordance with Article 37(2) of the
Ordinance authorizing working of the patented invention by the State or on its behalf shall be
notified beforehand by the Ministry responsible for industry to the owner of the patent and to
any holder of a license entered in the Register of Patents and Inventors’ Certificates.
72. During a period of time to be laid down by the Ministry responsible for industry,
the persons referred to in Article 71, above, may submit observations and contest the decision
taken by the State, particularly with the respect to the amount of the proposed royalties.
73. Once the decision is final, it shall be entered in the Register of Patents and
Inventors’ Certificates and published in the Official Gazette of Industrial Property. The entry
and publication shall comprise, in particular, the name of the natural or legal person who is to
work the invention on behalf of the State.

Select target paragraph3