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or term of the exploitation of the subject
(1) Voluntary licenses
of the patent;
2. limitations imposed by the licensor to
Art.65. “Voluntary license” shall be
ensure the best possible technical
defined as one or more licenses to work
working of the invention;
which a patent holder may grant by
3. the obligation imposed upon the
contract to a third party.
licensee to refrain from any act likely to
infringe the rights of the patentee.
Contracts for this kind of license must be
drawn up in writing and shall require the
Art.67. Unless stipulated otherwise in the
signature of the contracting parties.
contract, voluntary licenses shall only be
assignable
Each voluntary licensing contract must be
patentee’s consent.
deposited as an original and registered with
the Ministry responsible for industrial
In the case of sublicenses, the beneficiary
property, subject to the payment of the
shall be bound to refrain from performing
registration fee.
any act likely to infringe the rights of the
patentee or the licensee.
Unless stipulated otherwise in the contract,
said payment shall be at the holder’s cost.
Art.68. To grant a contractual license to a
third party, a joint owner must have the
Art.66. Clauses contained in the licensing
agreement of all of the other joint owners
contracts relating to these contracts shall
or the authorization of the courts.
be null and void if they impose limitations
on the licensee which do not arise from the
Each joint owner may transfer his share at
rights conferred by the patent.
any time.
Nevertheless, the following shall not be
Joint owners shall have a right of
considered limitations within the meaning
preemption for a period of three months,
of paragraph 1 above:
starting from notification of intent to
1. limitations
concerning
and
grantable
with
the
the
transfer. Failing agreement on the price, it
measurement, scope, quantity, territory
shall be set by the court, unless the seller
withdraws his offer.