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same product is known or available and that the license is for the export of
patented products or products manufactured by means of the patented process in
a foreign territory or country with non-existent or insufficient manufacturing
capacities, in accordance with the procedures set by the decision of the WTO
General Council dated August 30, 2003.
Article 89: Compulsory licenses for the exploitation of inventions in the field of semiconductor technology shall only be granted for non-commercial public use or if
an administrative or judicial body has ruled that the way in which the patented
invention is exploited by the patent holder or his licensee is anti-competitive.
Article 90: In the event that a compulsory license is granted under Article 80, the holder of
the first patent shall be entitled to a reciprocal license, on terms to be determined
in the regulations, to exploit the invention claimed in the second patent.
The license granted for the first patent may not be assigned unless the second
patent is assigned.
Section 4: Grant of a compulsory license by the courts
Article 91: Requests for the grant of a compulsory license shall be filed with the commercial
court of the patentee’s domicile, or if the patentee is domiciled abroad, with the
court of the place where domicile has been elected or an agent authorized for
filing purposes.
The patent holder or his agent shall be notified of the request within eight days at
the latest.
Article 92: The request must contain:
- the name and address of the applicant;
- the title of the patented invention and the patent number for which the
compulsory license is sought;
- proof that the industrial exploitation of the patented invention does not meet
reasonable conditions of demand for the protected product;
- proof that the applicant first wrote by registered letter to the patent holder
asking him for a contractual license, but was not able to obtain such a license
from him on commercial conditions and procedures within a reasonable time
frame;
- proof that the applicant is capable of industrially exploiting the patented
invention.
Article 93: The court hearing the matter shall examine whether the request for the grant of
a compulsory license meets the conditions set out in this Chapter.