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Ex officio licenses may be worked by the
In the event of disagreement between the
State itself or by third parties acting on its
parties, the amount of said fee shall be set
behalf.
by the competent court.
Ex officio licenses may be exclusive or
Ex officio licenses shall take effect starting
nonexclusive.
from their notification.
Exclusive ex officio licenses may be
Art.82. The competent authority or its
granted for a maximum period of five
delegate may give those patent holders
years, provided that the patent concerned
whose industrial working proves to be
does not lapse or is not revoked for
insufficient formal notice that they must
insufficient industrial working for an
undertake working in such a way as to
additional period of two years, starting
meet the needs of the national economy.
from the expiration of the exclusive
license.
In the event that this formal notice is not
acted upon within a period whose duration
Art.80. Subject to what is stipulated in
is to be determined by the enabling
Article 82, the State may, at any time,
measures in each case and, if the
starting from the grant of the patent, ask
insufficient
the Ministry responsible for industrial
detrimental, in quality or quantity, to
property to benefit from the regime of ex
economic development or the public
officio licenses.
interest, the patent which is the subject of
the formal notice may be subject to the
Art.81. The decision granting the ex
regime of ex officio licensing.
officio
license shall
determine
the
working
undertaken
is
conditions for the working of the license,
The competent authority or its delegate
in particular its exclusive or nonexclusive
may extend the period referred to in the
nature, its field of application, duration, the
previous paragraph if the person given
scope of the rights and obligations of the
formal notice proves that the circumstances
patentee and the licensee, and the amount
which could justify the failure to work
of the fee to which it shall be subject.
industrially or insufficient working are not
attributable to him.