Skip to main content
page 18  Article 71: The license shall be struck from the register at the request of the patent holder or licensee upon presentation of proof that the licensing contract has expired or been terminated. Article 72: Unless stipulated otherwise in the licensing contract, the granting of a license shall not preclude for the licensor either the possibility of granting licenses to other persons provided he informs the licensee, or that of himself exploiting the patented invention. Section 2: Unenforceable clauses Article 74: Any clauses contained in the licensing contracts or agreed in relation to these contracts shall be null and void if they impose on the licensee, in industrial or commercial terms, limitations which do not stem from the rights conferred by the patent or are not necessary for the maintenance of such rights. Article 75: Unless stipulated otherwise in the licensing contract, the license may not be assigned to third parties and the licensee shall not be authorized to grant sublicenses. Article 76: The following shall not be considered limitations as defined by Article 74: 1. Restrictions concerning the measurement, scope or term of exploitation of the patented invention; 2. The obligation for the licensee to refrain from any act which could harm the validity of the patent. Article 77: Ascertainment of the unenforceable clauses as defined by Articles 74 to 76 shall be made by the competent court, at the request of any interested party. Chapter VII: Compulsory and non-voluntary licenses Section 1: Compulsory licenses for failure to work Article 78: At the request of any interested person or the Public Prosecutor’s Office, submitted after the expiration of a period of four years as from the date of filing of the patent application or three years as from the grant of the patent, it being necessary to apply the period which expires last, a compulsory or non-voluntary license may be granted if one or more of the following conditions has been met: 1. The public interest, in particular national security, nutrition, health or the development of other vital sectors of the national economy, so requires; 2. A judicial or administrative body has deemed that the way in which the patent holder or his licensee are exploiting the invention is abusive, anti-competitive or fails to meet reasonable conditions of demand for the protected product in sufficient quality and quantity;

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents