9
(2) When applying paragraph (1), a compulsory license shall be granted only if the
patentee is unable to give legitimate grounds for the lack of working or insufficient working
within the country.
(3) The compulsory license shall be non-exclusive and may only be transferred, even in
the form of the granting of a sublicense, together with the establishment of the beneficiary of
the license or with that part of the establishment within which the patented invention is being
worked.
(4) A compulsory license may only be withdrawn as the result of a court decision.
37.—(1) Any owner of a patent who is not prevented by the conditions of an earlier
license may request the Agency to enter in the special register, with respect to his patent, the
notice “license of right.” Such notice shall afford to any interested person the right to obtain a
license to work that patent under conditions which, failing agreement between the parties,
shall be laid down by the competent court.
(2) The State may obtain ex officio, at any time for reasons of public interest, a license
to work an invention that is covered by a patent application or a patent whether such
exploitation be carried out by the State itself or on its behalf. The royalties due under an
ex officio license shall be determined by agreement between the State and the applicant or
owner of the patent or the successor in title of the applicant or owner. Failing amicable
agreement, the royalties shall be laid down by the competent court within the meaning of
Article 135.
Section 6
Special Register
38. There shall be instituted a special register of patents and inventors’ certificates in
which shall be entered:
(i) the following operations involving a change of any kind in the application for a
patent or an inventor’s certificate or in the patent or inventor’s certificate:
— change of applicant;
— change of owner;
— change of applicant’s or owner’s address;
— change of applicant’s or owner’s name;
— withdrawal of the application;
— relinquishment of the application;
— cancellation of the patent or inventor’s certificate;
(ii) acts concerning licenses of all kinds and assignments;
(iii) court decisions.
39.—(1) The special register, numbered and initialed, shall be set up and kept in
compliance with the implementing decree.
(2) No entry shall be made in the special register without prior payment of the required
fee.