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page 22  After examining the case, the court shall take a decision to grant or refuse the non-voluntary license. Article 94: In the event that the compulsory license is granted, the court’s decision shall specify: 1. The field of application of the license, that is, the acts it covers and its period of validity, it being understood that a non-compulsory license does not cover the act of importing; 2. The fee due from the beneficiary of the license to the patent holder, in the absence of an agreement between the parties. This fee must be fair and may be subject to judicial review. Article 95: The court shall notify the decision to the Industrial Property Director, the applicant and the patent holder. This same decision shall be brought to the attention of any beneficiary of a license whose name appears in the special patent register, by the Industrial Property Director. This decision shall be the subject of publication in the Official Journal of Burundi and on the Internet site of the Ministry responsible for trade. Section 5: Appeals against decisions to grant a compulsory license Article 96: The patent holder, the holder of a license whose name appears in the special patent register or any person who has requested the grant of a compulsory license may, within a period of one month, as from notification, lodge an appeal against the decision handed down by the first judge with the next higher legal instance. Article 97: Appeals lodged against a decision to grant a compulsory license shall stay its execution. Decisions handed down on appeals shall be forwarded to the Industrial Property Director with a view to their publication. Section 5: Rights and obligations of compulsory license holders Article 98: Compulsory licenses shall authorize their holder to exploit a patented invention, in accordance with the conditions set by the court. Article 99: The grant of a compulsory license shall not affect the licensing contracts or compulsory licenses in force and shall not preclude the signing of other licensing contracts or the grant of other non-voluntary licenses. Nevertheless, the patentee may not sign licensing agreements on more favorable terms than those of the compulsory licenses. Section 7. Limitations on compulsory licenses Article 100: The holder of the compulsory license may not, without the patent holder’s consent, authorize a third party to perform the acts which fall within the field of application of his non-voluntary license.

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