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Article 160: DETERMINATION OF THE UNENFORCEABLE CLAUSES COVERED BY
ARTICLES 157, 158 AND 159 SHALL be made by a commercial court, at the
request of any interested party.
Chapter V. Compulsory or non-voluntary licenses
Section 1. Compulsory licenses for failure to work
Article 161: At the request of any interested person, submitted after the expiration of a
period of four years as from the date on which the application for the certificate
was filed or three years as from the grant of the utility model certificate, as the
period which expires the latest must be applied, a compulsory or non-voluntary
license may be granted if one or more of the following conditions has been met:
1. The public interest, in particular national security, nutrition, health or the
development of other sectors which are vital for the national economy, so
requires;
2. A judicial or administrative body has deemed that the manner in which the
utility model certificate holder or his licensee are exploiting the invention is
abusive, anti-competitive or fails to meet reasonable conditions of demand for
the protected product in sufficient quality and quantity;
3. The refusal of the patent holder to grant licenses on reasonable commercial
conditions and terms;
4. The establishment or development of industrial or commercial activities
suffers unfair or substantial damage.
A compulsory license may not be granted if the holder of the utility model
certificate justifies the failure to exploit on legitimate grounds.
Section 2 Compulsory licenses for certificates of dependency
Article 162: If the utility model certificate protected by the certificate cannot be exploited
without infringing the right attached to a prior utility model certificate whose
holder refuses to authorize use on reasonable commercial conditions and
procedures, the holder of the subsequent certificate may obtain a non-voluntary
license from the court for such use, on the same terms as those which apply to
non-voluntary licenses granted under Article 161 as well as on the following
additional conditions:
1. the utility model invention claimed in the subsequent utility model certificate
represents significant technical progress of considerable economic interest in
relation to the invention claimed in the prior utility model certificate;
2. the holder of the prior certificate shall be entitled to a mutual license on
reasonable conditions to use the claimed utility model certificate;