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secret inventions or discoveries or the
shall be set by the competent court, in
implementation of the industrial secrets;
accordance with this Law and its enabling
reserve temporarily and exclusively or not
measures.
for the State the right to exploit an
invention patent or an incentive certificate;
Art.44. The author or holder of a secret
or oblige the party concerned to assign to
invention or discovery shall receive fair
the State full knowledge of a nonpatented
compensation, with the amount and
invention or industrial secret.
payment modalities to be determined by
the enabling measures.
The provisions of Article 57 shall not
apply to secret inventions and discoveries.
Art.45.
provisions of Article 3 of this Law,
Art.43. Within a period of six months,
reciprocity agreements may be concluded
starting from the date of filing of the
between the Democratic Republic of
application for a patent or an incentive
Congo and other States for the mutual
certificate, the Minister(s) referred to in
safeguarding of the secrecy of inventions
Article 41 shall decide on the secret filing
which are the subject of patent applications
and shall notify his/their decision to the
of interest for national defense or the
applicant without delay.
security of their respective territories.
This period may not be extended more than
Art.46. In the event that, in accordance
twice.
with Article 45, a reciprocity agreement
has been signed with the Congolese State
In the event of extension, the applicant
covering the disclosure of an invention
shall be notified accordingly. If no decision
which is the subject of a patent application,
has been taken by the expiration of the
the Minister responsible for industrial
deadlines provided for in paragraphs 1 and
property or his Delegate shall refrain, at
2 of this Article, the applicant shall be
the request of this State or that of the
entitled
applicant – which shall establish proof of
to
compensatory
payment
Without
prejudice
to
the
proportionate to the damage suffered.
the intervention – from communicating this
invention to the public and from issuing
Failing
amicable
agreement,
such
compensation, regardless of the amount,
copies, as long as this prohibition is in
force.