shall hold a hearing on the request and the observations received to which the requester, the
holder of the layout-design, any licensee whose name appears in the Special Register of
Layout-Designs and any government authorities concerned shall be invited.
(3) Once the procedure prescribed in paragraph (2) above has been completed, the civil
court shall take a decision on the request, either granting or refusing the non-voluntary
license.
(4) If the non-voluntary license is granted, the decision of the civil court shall specify
(a) the scope of the license, specifying in particular the acts referred to in Article 1(2)
of this Annex to which it extends and the period for which it is granted, it being understood
that a non-voluntary license granted under Article 23 above cannot extend to the act of
importation;
(b) the amount of the remuneration to be paid by the licensee to the holder of the
layout-design; in the absence of agreement between the parties, such remuneration shall be
equitable, due regard being had to all the circumstances of the case. The said amount shall be
subject to judicial revision.
(5) The decision of the civil court shall be in writing and shall state the grounds on
which it is based. The civil court shall convey the decision to the Organization, which shall
register it. The civil court shall publish the decision and shall notify it to the requester and to
the holder of the layout-design. The Organization shall notify the decision to any licensee
whose name appears in the Special Register of Layout-Designs.
Article 26
Rights and Obligations
of the Holder of a Non-Voluntary License
(1) After the expiry of the time limit for appeal specified in Article 29 of this Annex, or
once an appeal decision has been handed down that wholly or partly upholds the decision by
which the civil court granted the non-voluntary license, the grant of the latter shall authorize
the licensee to exploit the protected layout-design according to the terms laid down in the
decision of the civil court or in the appeal decision, and shall require him to pay the
remuneration specified in the said decisions.
(2) The grant of a non-voluntary license shall not affect either license contracts in force
or non-voluntary licenses in force and shall not preclude the conclusion of other license
contracts or the grant of other non-voluntary licenses. The holder of the layout-design may
not however grant to other licensees more favorable terms than those of the non-voluntary
license.
Article 27
Limitation of the Non-Voluntary License
(1) The beneficiary of the non-voluntary license may not, without the consent of the
holder of the layout-design, grant any third party permission to perform any of the acts that he
is authorized to perform under the non-voluntary license.
(2) Notwithstanding the provisions of paragraph (1) above, a non-voluntary license
may be transferred together with the establishment of the beneficiary of the non-voluntary
license or with the portion of his establishment that exploits the protected layout-design. No
such transfer shall be valid without the authorization of the civil court. Before granting the
authorization, the civil court shall give the holder of the layout-design a hearing. The civil
court shall notify the authorization to the Organization which shall register and publish it.