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voluntary license If (he) (it) is satisfied that the patented invention is not
exploited or is insufficiently exploited, by working the invention locally or by
importation, in Liberia
(b) Notwithstanding paragraph (a) of this subsection, non-voluntary
license shall not be issued if the owner of the patent satisfies the Director
General (Court) that circumstances exist which justify the non-exploitation or
insufficient exploitation of the patented invention in Liberia
(2) The decision issuing the non-voluntary license shall fix
(i)
the scope and function of the license,
(ii)
the time limit within which the licensee must begin to exploit
the patented invention, and
(iii)
the amount of the adequate remuneration to be paid to the
owner of the patent and the conditions of payment.
(3) The beneficiary of the non-voluntary license shall have the right to
exploit the patented invention in Liberia according to the terms set out in the
decision issuing the license, shall commence the exploitation of the patented
invention within the time limited fixed in the said decision and, thereafter, shall
exploit the patented invention sufficiently
(4) Ifthe invention claimed in a patent ("later patent") cannot be exploited
the country without infringing a patent granted on the basis of an
application benefitting from an earlier filing or, where appropriate, priority
date ("earlier patent"), and provided that the invention claimed in the later
patent involves an important technical advance of considerable economic
importance in relation to the invention claimed in the earlier patent, the
(Director General) (Court), upon the request of the owner of the later
patent, may issue a non-voluntary license to the extent necessary to avoid
infringement of the earlier patent.
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(5) Where a non-voluntary license is issued under subsection (4), the
(Director General) (Court) upon the request of the owner ofthe earlier patent,
shall issue a non-voluntary license in respect of the later patent.
(6) In the case of a request for the issuance of a non-voluntary license
under subsections (4) and (5), subsection (2) shall apply mutatis mutandis
with the proviso that no time limit needs to be fixed
(7) In the case of a non-voluntary license issued under subsection (4), the
transfer may be made only with the later patent, or, in the case of a nonvoluntary license Issued under subsection (5), only with the earlier patent.
(8) The request for the issuance ofa non-voluntary license shall be subject
to payment of the prescribed fee.
(9) Section 19(2) to (10) shall apply mutatis mutandis.
21.( J) Any interested person may request the court to invalidate a patent.
(2) The court shall invalidate the patent if the person requesting the
invalidation proves that any of the requirements of Sections 8(2) and (3), 9
and 11(3), (4) and (5) is not fulfilled or if the owner or tile patent is not the
inventor or his successor in title.