Subsection IV
Seizure
76. The seizure of a patent shall be effected according to an order by the President of
the court ruling in summary proceedings and notified to the patent owner, the entity
responsible for industrial property and those persons holding rights in the patent.
Once notice of seizure has been given, no subsequent amendment of the rights deriving
from the patent shall be binding on the attaching creditors.
On pain of invalidation for the seizure, the attaching creditors shall have 15 days as
from the date of the writ of seizure to file proceedings before the court for confirming the
validity of the seizure and for the purpose of placing the patent on sale.
Subsection V
Joint ownership of patents
77. Subject to Article 80 below, the joint ownership of a patent application or a patent
shall be governed by the following provisions:
(a) Each of the joint owners may work the invention for his benefit, provided that he
fairly compensates the other owners who are not personally working the invention or who
have not granted licenses for use. Failing amicable agreement, such compensation shall be
fixed by the court;
(b) Each of the joint owners may take legal proceedings in respect of infringements for
his sole benefit. The petition for infringement must be notified to the other joint owners. No
court decision shall be taken on the proceedings until proof of such notice has been provided;
(c) Each of the joint owners may grant a third party a non-exclusive license for use for
his benefit, provided that he fairly compensates the other joint owners who are not personally
working the invention or who have not granted licenses for use. Failing amicable agreement,
this compensation shall be fixed by the court.
Nevertheless, the intent to grant must be notified to the other joint owners, accompanied
by an offer to transfer the share at a given price.
Within three months following this notice, any of the joint owners may oppose the grant
of license, provided that he acquires the share of the joint owner wishing to grant the license.
Failing an agreement within the time period stipulated above, the price shall be fixed by
the court. The parties shall have 30 days as from notice of the court decision, to withdraw
from the grant or the purchase of the joint owner’s share, without prejudice to the award of
any damages which may be due; costs shall be borne by the withdrawing party.
(d) An exclusive license for use may only be granted with the consent of all of the joint
owners or by leave of the court;
(e) Each joint owner may assign his share at any time. The joint owners shall have a
right of preemption for three months starting with the notice of intent to assign. Failing an
agreement on the price, it shall be fixed by the court. The parties shall have 30 days as from
notice of the court decision to withdraw from the sale or purchase of the share of the joint
ownership, without prejudice to the award of any damages which may be due; costs shall be
borne by the withdrawing party.
78. The provisions of Articles 960 to 981 of the Law of Obligations and Contract shall
not apply to the joint ownership of a patent application or patent.