8
or inventor’s certificate that has been granted, may request restoration of such right if he
furnishes proof relating to his failure to comply.
(2) Examination of the request shall be subject to prior payment of the fee before the
Agency acts and takes a decision.
(3) An appeal shall lie from refusal by the Agency to restore lost rights to the court
competent for the headquarters of the Agency.
Section 5
Assignment and Transfer of Rights, Licenses
34.—(1) A patent application or a patent may be assigned inter vivos or transferred on
death.
(2) Any transfer of rights, in part or in whole, whether temporarily or definitively,
deriving from a patent application or a patent shall be recorded in writing and bear the
legalized signature of the parties concerned.
(3) Notwithstanding the provisions of the Code of Registration and Stamps, any
document drawn up in accordance with paragraph (2) may only be invoked against others if it
has been recorded with the Agency.
(4) The contract shall enter into force only after an examination of advisability leading
to a favorable decision by the competent authority.
35.—(1) The applicant or patentee may, by contract, grant a license to work his
invention to another person or enterprise.
(2) Should the national market be insufficiently supplied or certain external outlets
arise for exploitation of the invention, the licensor may, unless he has granted an exclusive
license, sign a number of contracts, that will be examined in accordance with the provisions of
Article 34(4).
(3) The licensee shall be entitled to work the invention during the period of time
stipulated in the contract. Should he be prevented from so doing, he shall inform the authority
thereof, giving reasons for his incapability.
(4) The licensee may not grant sublicenses. Subcontracting under his direct
responsibility may not be interpreted as a sublicensing agreement.
36.—(1) Any interested natural or legal person may request, on the expiry of a period
of four years as from the filing date of the patent application or three years as from the date of
grant of the patent, the period of time that expires last being applied, from the competent court
the grant of a compulsory license, against fair and equitable remuneration, on one or more of
the following grounds:
(i) the patented invention has not been worked or has been insufficiently worked within
the country;
(ii) the patentee refuses to grant licenses under reasonable conditions;
(iii) working of the patented invention within the country does not satisfy, under
reasonable conditions, demand for the product.