Article 123: Contractual license
The owner of a patent of recording in a register of a layout-design may, by contractual
arrangement, grant a license to use his layout- design to another natural or legal person. The
license contract shall be drawn up in writing and shall be signed by the parties to the contract.
The license contract shall be submitted to the empowered authority which shall keep the
content secret. The empowered authority shall record in the register of layout-designs upon
payment of the prescribed fee and publish a reference to the record of the license contract.
Any patent license of the registration of the layout-design shall have no effect towards third
parties until recording in the register of the layout designs is effected.
The withdrawal of a patent license recorded in the register of a layout- design shall be made
upon invalidation of the patent recorded in the register of a layout-designs or on a request by
one of the parties to the contract and shall result from one of the following reasons:
1° cancellation of the license contract;
2° invalidation of the patent recorded in the register of a layout- design by the courts.
When a license contract is concluded, the owner of the patent recorded in the register of a
layout-design shall continue to enjoy the rights granted to him by this Law. The owner of the
patent recorded in the register of a layout -design may conclude other patent licenses, unless
otherwise stipulated in the contract, in particular where the license contract provides that the
license is exclusive.
The authorization granted to the licensee shall extend to the performance, in relation to the
patented invention, of all acts constituting use of the invention of the layout-design, in
accordance with the provisions of article 123 of this law.
Article 124: Control of unfair competition in connection with contractual licenses
In order to guarantee free and honest practices in the exercise of industrial and commercial
activities, the empowered authority shall examine, at the time the license contracts are
registered, whether certain practices or conditions limit competition or may have prejudicial
effects on trade and hamper the transfer and dissemination of technology.
The empowered authority may adopt appropriate measures to prevent or control license
issuing practices which may include exclusive reassignment clauses, conditions preventing
the dispute of validity of the patent recorded in the register of a layout design and a coercive
grouped licenses regime.
The empowered authority shall examine in particular whether the clauses of the contract do
not oblige the licensee to pay fees for a layout design not used or not patented, or to pay
enormous sums in fees, even before the invention is used.
The empowered authority shall examine whether the license contract does not oblige the
licensee to import raw materials, intermediate goods or equipment from the licensor, even
without the guarantee of quality and profitability of the goods to be produced.