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REPUBLIC OF ANGOLA
Article 9
(Exploitation license)
1. The holder or usufructuary of a patent may grant a license to exploit the patent
by means of a contract, which shall set out the conditions for this exploitation.
2. Unless otherwise provided, the rights obtained by means of an exploitation
license may not be alienated without the authorization of the holder or
usufructuary of the patent.
Article 10
(Deprivation of a patent)
Where the public interest, in particular the interests of national security, health or
the development of vital sectors of the national economy, so require it, the
Council of Ministers may decide that an invention should be exploited by a State
body or by a third party designated by the relevant supervisory minister, without
the consent of the patent holder, in return for payment of fair compensation.
Article 11
(Compulsory license to exploit an invention)
1. Save in the event of proven force majeure, a patent holder who has not begun
to exploit an invention in Angola within three years of the grant of the license, or
who has interrupted the exploitation for a period of more than one year, shall be
bound to cede the exploitation license to a requesting third party.
2. For reasons of public interest, a compulsory, non-exclusive license to exploit
an invention that has fallen into disuse, or the effective exploitation of which does
not meet market needs, may also be granted to a third party.
3. An industrialized invention that has been substituted by importation shall not
be deemed to be effective exploitation, save in the event of agreements to which
Angola is party.
4. Where an application for a compulsory license has been filed, the patent
holder shall be notified thereof within a period of 90 days to enable him to
present a challenge and to initiate administrative or legal proceedings, as
appropriate, to defend his invention.
5. The beneficiary of a compulsory license must begin the effective exploitation of
the invention in Angola within a period of 12 months from the grant of said
license, and may not interrupt the exploitation for more than one year.