Chapter X
Compulsory Licenses
69. Any interested party may, after the expiry of the period provided for in Article 51
of this Law, obtain a compulsory license at any time in any of the following cases:
— where the invention to which the patent relates has not started to be worked
industrially in Tunisia, or where no real and effective preparations have been made for such
working, within the period provided for in Article 51 of this Law;
— where the product which is the subject matter of the invention has not been
marketed in sufficient quantities to meet the needs of the Tunisian market;
— where the industrial or commercial exploitation of the invention to which the patent
relates has been abandoned for more than three years in Tunisia.
70. Any application for the grant of the compulsory license shall be filed with the
competent court.
The applicant for a compulsory license shall provide proof that he has already sent the
owner of the patent a registered letter with advice of receipt to request a contractual license,
but has not been able to obtain such a license on reasonable terms and conditions or within a
reasonable period. He shall also supply proof that he capable of exploiting the invention
effectively and conscientiously.
In no event shall a compulsory license for non-working or insufficient working be
granted if the owner of the patent provides evidence of a legitimate excuse.
The compulsory license shall be non-exclusive. The rights deriving from the license
may only be transferred together with the business, the company or the part of the company to
which they are attached.
71. The applicant for a compulsory license shall, on pain of unacceptability of his
application, convey a copy of the writ of summons by registered letter with advice of receipt
to the entity responsible for industrial property within a period of 15 days from the date of the
summons to appear before the competent court.
72. The legal representative of the entity responsible for industrial property may submit
to the court a memorandum containing his observations on the application for a compulsory
license.
73. The provisions of Article 71 and 72 of this Law shall be applicable in the case of an
appeal.
74. The court shall rule on the application for a compulsory license after having heard
the parties or their representatives.
The court shall lay down the conditions governing the compulsory license, including in
particular its duration, its scope and the amount payable to the owner of the patent, which
shall be proportionate to the importance of the working of the invention.
These conditions may be amended by order of the court at the request of the owner of
the patent or the beneficiary of the compulsory license where new circumstances dictate.
75. Any assignment of a compulsory license shall, on the pain of invalidity, be subject
to authorization by the court.
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