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summon and hear both parties. It may, as
voluntary or nonvoluntary licenses, work
the case may be, request an opinion from
said patents.
the competent Ministry.
Art.77. Nonvoluntary licenses may only
If the court grants the nonvoluntary
be transmitted, even in the form of the
license, it must fix the conditions by
grant of a sublicense, with the part of the
stipulating in particular the field of
firm or goodwill which exploits this
application, term, scope of the rights and
license.
obligations and, barring an agreement
between the parties, the amount of the fees
Any transmission of a nonvoluntary
to which it shall be subject.
license shall, on pain of invalidation, be
authorized by the court which granted the
The court’s decision to grant a non
license.
voluntary license shall be notified, by the
clerk, to each of the parties and to the
Art.78. In the event that the holder of a
Ministry responsible for industrial property
nonvoluntary license fails to meet the
within 30 days of the judgment being
conditions on which this license was
handed down.
granted, the patent holder or any interested
licensee may refer to the competent court a
Art.75. The conditions provided for in
request for withdrawal of the license.
Article 74 may be revised, either at the
request of two parties, or at the request of
(3) Ex officio licenses
one of them, by the competent court.
Art.79. Ex officio licenses shall be non
Art.76. The holder of a nonvoluntary
voluntary licenses.
license shall not have any rights in the
improvement patents attached to the
They shall be applied in any case where
original patent which is the subject of the
the working, be it absent or insufficient, in
nonvoluntary license.
quality or quantity, could be detrimental to
the country’s economic development in
Nevertheless, he may, by following the
particular and to the public interest in
procedure provided for the granting of
general.