Article 31
Cessation of the Obligations
of the Beneficiary
of the Non-Voluntary License
Any action seeking invalidation of the layout-design shall be directed against the holder
of the layout-design. If a final legal judgment declares the layout-design invalid, the
beneficiary of the non-voluntary license shall be released from all obligations resulting from
the decision granting him the non-voluntary license.
Article 32
Ex-Officio License
(1) The Minister responsible for industrial property matters of a member State may
decide, even without the consent of the holder, that a public body or a third party he
designates may exploit the layout-design on the territory of such State where
(a) the public interest, particularly concerning national security, food, health or other
vital sectors of the national economy of a member State, requires the exploitation of a
protected layout-design for public and non-commercial purposes; or where
(b) a judicial or administrative body holds that the conditions of exploitation, by the
holder or his licensee, of a protected layout-design to be contrary to competition and where
the Minister is convinced that exploitation of the layout-design in accordance with this
Article would put an end to such practices.
The authorization to exploit shall be limited, in its scope and duration, to the purpose for
which it has been granted and it shall be principally intended for the supply of the domestic
market of the member State. Such right of exploitation shall be non-exclusive and shall give
rise to payment to the holder of appropriate remuneration taking into account the economic
value of the ministerial authorization as determined in the decision of the Minister and, where
appropriate, of the need to combat anti-competition practices.
(2) The request seeking the authorization of the Minister shall be accompanied by proof
that the holder has received, from the person making the request, an application for a
contractual license, but that he has not been able to obtain a license under reasonable
commercial conditions and within a reasonable period of time.
(3) At the request of the holder or the beneficiary of authorization, the Minister may,
after hearing the parties, if one or both of them wish to be heard, modify the decision
authorizing exploitation of the layout-design to the extent justified by the circumstances.
(4)(a) At the request of the holder, the Minister shall withdraw the authorization if he is
convinced that the circumstances that led to his decision no longer hold and are unlikely to reoccur or that the beneficiary of the authorization has not complied with its conditions.
(b) Notwithstanding the provisions of subparagraph (a), the Minister shall not withdraw
the authorization if he is convinced that protection of the legitimate interests of the
beneficiary of the authorization justify maintaining it.
(5) Where a third party has been designated by the Minister, the authorization may be
transferred only with the enterprise of the beneficiary of the authorization or that part of the
enterprise in which the layout-design is exploited.
(6) The decisions of the Minister taken under this Article may be appealed to the court
of the member State concerned.