beyond the power of the owner of the patent, it may decide to allow
him a sufficient period of grace for the exploitation of the invention.
(5) If it is determined that the patent owner has abused of or exercised
the rights conferred by the patent in a manner that is contrary to fair
competition, such as:
(a) Fixing exorbitant prices for the patented products or preferential
treatment of agents with regards to prices and sales conditions.
(b) Failure to supply the local market with the patented product, or
supplying it under prohibitive terms.
(c) Stopping the production of the patented item or its production in
a disproportionate manner, given the production capacity and the market
needs.
(d) Undertaking acts or practices which have adverse effect on the free
competition, according to the prescribed legal norms.
(e) Exercising of the rights conferred by the this Law in a manner that
adversely affects the transfer of technology.
In all above cases, the non-voluntary license is granted without
recourse to negotiation or the expiry of a time limit thereto, even
if the non-voluntary license is not intended to satisfy the needs of
the domestic market.
The Patent Office may refuse to terminate the non-voluntary license,
where the conditions that called for it are likely to remain or to
reoccur.
The compensation due to the owner of the patent shall take into account
the prejudice caused by his arbitrary or unfair competition practices.
The Patent Office may revoke the patent if, two years after the grant
of a non-voluntary license, it became clear that the grant of that
license was not adequate to remedy the adverse effects caused to the
national economy by the r the patent owner’s abuse of his rights or
his unfair competition practices.
Any concerned party may challenge the revocation of a patent before
the Committee provided for in Article 36, and in accordance with the
conditions and procedures prescribed in the Regulations.
(6) Where the exploitation of an invention by the legitimate patent
holder requires inevitably the use of another invention, underlying
concrete technical advance as well as technical and economical
significance compared to the other, he shall be entitled to obtain a
non-voluntary license for the exploitation of the other invention, in
which case the other patent holder shall equally have the same right.
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