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3. the use authorized in relation to the prior certificate shall only be assignable if
the subsequent certificate is also assigned.
Section 3. Grants of compulsory licenses by the court
Article 163: Requests for the grant of a compulsory license shall be lodged with the
commercial court of the domicile of the holder of the utility model certificate, or
if he is domiciled abroad, with the court of the place at which he has elected
domicile or appointed an agent for filing purposes.
The certificate holder or his agent shall be notified of the request within a time
limit of eight days at the latest.
Article 164: The request must contain:
- the name and address of the applicant;
- the title of the utility model certificate and the certificate number for which the
compulsory license is sought;
- proof that the industrial exploitation of the utility model certificate does not
meet reasonable conditions of demand for the protected product;
- proof that the applicant first wrote by registered letter to the holder of the
utility certificate model, asking him for a contractual license, but was not able
to obtain such a license from him on commercial conditions and procedures
within a reasonable time frame;
- proof that the applicant is capable of industrially exploiting the certificate;
- the utility model.
Article 165: The court hearing the matter shall ascertain whether the request for the grant of
the compulsory license meets the conditions set out in Articles 162 to 164.
After examining the file, the court shall take a decision to grant or reject the nonvoluntary license.
Article 166: In the event that the compulsory license is granted, the decision of the court shall
specify:
1. the field of application of the license, that is, the acts it covers and its term of
validity, it being understood that a non-compulsory license shall not cover the
act of importing;
2. the fee due from the license holder to the certificate holder failing an
agreement between the parties must be fair and may be subject to judicial
review.