page 22
After examining the case, the court shall take a decision to grant or refuse the
non-voluntary license.
Article 94: In the event that the compulsory license is granted, the court’s decision shall
specify:
1.
The field of application of the license, that is, the acts it covers and its
period of validity, it being understood that a non-compulsory license does
not cover the act of importing;
2.
The fee due from the beneficiary of the license to the patent holder, in the
absence of an agreement between the parties. This fee must be fair and may
be subject to judicial review.
Article 95: The court shall notify the decision to the Industrial Property Director, the
applicant and the patent holder. This same decision shall be brought to the
attention of any beneficiary of a license whose name appears in the special
patent register, by the Industrial Property Director. This decision shall be the
subject of publication in the Official Journal of Burundi and on the Internet site
of the Ministry responsible for trade.
Section 5: Appeals against decisions to grant a compulsory license
Article 96: The patent holder, the holder of a license whose name appears in the special
patent register or any person who has requested the grant of a compulsory
license may, within a period of one month, as from notification, lodge an appeal
against the decision handed down by the first judge with the next higher legal
instance.
Article 97: Appeals lodged against a decision to grant a compulsory license shall stay its
execution. Decisions handed down on appeals shall be forwarded to the
Industrial Property Director with a view to their publication.
Section 5: Rights and obligations of compulsory license holders
Article 98: Compulsory licenses shall authorize their holder to exploit a patented invention,
in accordance with the conditions set by the court.
Article 99: The grant of a compulsory license shall not affect the licensing contracts or
compulsory licenses in force and shall not preclude the signing of other licensing
contracts or the grant of other non-voluntary licenses.
Nevertheless, the patentee may not sign licensing agreements on more favorable
terms than those of the compulsory licenses.
Section 7. Limitations on compulsory licenses
Article 100: The holder of the compulsory license may not, without the patent holder’s
consent, authorize a third party to perform the acts which fall within the field of
application of his non-voluntary license.