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request the benefit of a nonvoluntary
The provisions of this Article shall apply in
license.
the absence of stipulations to the contrary.
Art.72. Nonvoluntary licenses shall in
Joint owners may derogate therefrom, at
general be nonexclusive.
any time, by means of coownership
regulations.
They may, however, be exclusive in the
conditions and according to the procedures
Art.69. The enabling measures may
provided for in Article 79.
provide that the signature of certain
categories of licensing contracts with
In the case covered in paragraph 1 of this
foreigners, whether natural persons or legal
Article, the patentee may not grant licenses
entities, as well as their renewal or
or sublicenses, as the case may be, on
modification, shall require the express
more advantageous terms than those
approval of the Minister(s) concerned,
stipulated in the nonvoluntary license.
including the Central Bank of Congo, as
the case may be.
Any advantage granted in violation of the
stipulations of the previous paragraph shall
(2) Nonvoluntary licenses
be revoked ex officio.
Art.70. Within the meaning of this
Art.73. Applications for nonvoluntary
Article, a nonvoluntary license may not be
licenses shall be filed with the competent
requested for failure to work industrially or
court. They must be accompanied by
insufficient working before five years,
written justification providing that the
have elapsed, starting from the filing of the
applicant was not able to obtain a contract
application for the patent or three years
license from the patent holder.
starting from the grant of the patent, with
the period which expires last to be applied.
Applicants must further prove that they are
capable of working the invention so as to
Art.71. Any person may, upon the
meet the needs of the market.
expiration of the periods and in the
conditions provided for in Article 54,
Art.74. Before deciding on an application
for a nonvoluntary license, the court shall