(c) on account of the refusal of the holder of the layout-design to grant licenses on
reasonable commercial terms and procedures, the establishment or development of industrial
or commercial activities on such territory is unfairly and substantially prejudiced.
(2) Notwithstanding the provisions of paragraph (1) above, a non-voluntary license
may not be granted if the holder of the layout-design provides legitimate reasons for the nonworking.
Article 24
Request for the Grant
of a Non-Voluntary License
(1) The request for the grant of a non-voluntary license shall be made to the civil court
of the domicile of the holder of the layout-design or, if the latter is domiciled abroad, to the
civil court of either his elected domicile or the place in which he has named an agent for the
purposes of filing. Only requests made by persons domiciled on the territory of a member
State shall be considered.
The holder of the layout-design or his agent shall be informed thereof without delay.
(2) The request shall contain
(a) the name and address of the requester;
(b) the title of the layout-design and the number of the layout-design in respect of
which a non-voluntary license is requested;
(c) evidence that the working of the layout-design on the above-mentioned territory
does not meet demand for the protected product on reasonable terms;
(d) in the case of a non-voluntary license requested under Article 23 above, a statement
by the requester in which he undertakes to work the layout-design on the territory of one of
the member States in such a way as to meet the needs of the market.
(3) The request shall be accompanied
(a) by proof that the requester has previously approached the holder of the layoutdesign, by registered letter, requesting a contractual license, but has been unable to obtain
such a license from him subject to reasonable commercial terms and procedures and within a
reasonable time;
(b) by proof that the requester is capable of working the protected layout-design.
Article 25
Grant of Non-Voluntary License
(1) The civil court shall examine whether the request for the grant of a non-voluntary
license satisfies the requirements of Article 24 above. If the request does not satisfy the said
specified requirements, the court shall reject it. Before rejecting the request, the court shall
inform the requester of the deficiencies of his request and shall allow him to make the
necessary corrections.
(2) Where the request for the grant of a non-voluntary license satisfies the requirements
of Article 24 above, the civil court shall notify it to the holder of the layout-design concerned,
and also to any licensee whose name appears in the Special Register of Layout-Designs, and
shall invite them to submit their observations on the said request in writing within a period of
three months. Such observations shall be communicated to the requester. The civil court
shall likewise notify the request to any government authorities concerned. The civil court