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(4) Provisions common to licenses to work
The provisions of this Article shall apply to
the
any kind of assignment or grant, whether
provisions of Article 60, paragraph 1, all
voluntary or forced, free of charge or on a
licenses granted must be registered with
paying basis.
the Ministry responsible for industrial
property within three months starting from
the grant of the license.
Section 4 – Counterfeiting
Art.84. The duration of a license to work
may not in any case exceed that of the
Art.88. Any deliberate infringement of
patent to which it relates.
the patentee’s rights, as defined in Articles
4, 48, 56 and 67 of this Law, shall
Art.85. A license to work may end by
constitute the offense of counterfeiting
means of an express, written and
which shall incur the civil and criminal
authenticated waiver.
liability of the author.
Waivers may not infringe the rights of the
Art.89. As a derogation to the provisions
patent holder or those of third parties
of Article 4 and in accordance with Article
without their consent.
49, acts prior to the publication of the
patent shall not constitute counterfeiting
The provisions of Article 38, paragraphs 2
and shall not warrant conviction, even in
to 4, shall apply, mutatis mutandis, to
civil proceedings, with the exception,
licenses to work.
however, of acts subsequent to notification
made to the presumed counterfeiter of an
Art.83.
Without
prejudice
Art.86. Unless expressly
to
stipulated
official copy of the invention description
otherwise, the grant of an exclusive license
attached to the patent application.
shall prevent the owner of the patent from
working the invention himself.
Art.90. Proceedings for counterfeiting
shall be instituted by the patentee.
Art.87. The assignment or grant of a
license or sublicense to work patents must
Nevertheless, the holder of an exclusive
include the relevant knowhow.
license shall also be entitled to institute