All license contracts for the use of a layout-design of integrated circuits shall be entered
in the Register. The body responsible for industrial property shall keep the content of such
contracts secret.
This procedure shall be carried out at the time the layout-design of integrated circuits is
deposited, even in the case where the license contract has been concluded before a request for
protection of the layout-design of integrated circuits has been deposited.
23. The Minister for Industry may give notice to the owners of layout-designs of
integrated circuits to undertake use of the layout-designs so as to satisfy the needs of the
national economy, public health or protection of the environment.
If the notice has not produced any effect within one year and, if the absence of use or
the inadequate quality or quantity of the use undertaken, causes serious harm to public
interest, the layout-designs of integrated circuits which are the subject of the notice may be
subject to the ex officio licensing rules by order of the Minister for Industry.
The Minister for Industry may extend the period of one year, provided for in the second
subparagraph of this article, where the owner of the layout-designs of the integrated circuits is
able to produce a legitimate excuse.
The State may obtain ex officio at any time, for the needs of national defense or security,
a license to use a layout-design of integrated circuits, irrespective of whether the use is made
by the State or on its behalf.
This ex officio license shall be granted, at the request of the Minister concerned, by
order of the Minister for Industry.
24. Starting from the day of the publication of the order which subjects the
layout-designs of integrated circuits to the rules governing the ex officio license, any person
may request the Minister for Industry to grant a license for their use.
This license is granted by order of said Minister according to specific requirements, in
particular regarding its duration and field of application, but excluding the amounts to be paid
to the author of the creation. In cases where an amicable settlement is not reached, this
amount shall be fixed by the courts.
The order referred to in the second subparagraph of this article shall be published in the
Official Gazette of the Republic of Tunisia and notified to the parties concerned. The license
shall take effect from the date of the notification.
25. The ex officio license shall be non-exclusive. The rights attached to this license
may be transferred only with the business, enterprise or part of the enterprise to which they
are attached.
26. Amendments to the license conditions requested, either by the owner of the
layout-design of integrated circuits or by the beneficiary of the license, shall be decided and
published according to the procedure prescribed for the grant of said license. If the
amendments relate to the amounts to be paid to the owner of the layout-design of integrated
circuits, they shall be decided according to the procedure prescribed for the original fixing of
the amount.
The owner of the layout-design of integrated circuits may request the withdrawal of the
ex officio license in cases where the beneficiary of the license does not satisfy the obligations
imposed on him.
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