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Article 167: The court shall notify the decision to the Industrial Property Director and the
applicant as well as the certificate holder. The same decision shall be brought to
the attention of any holder of a license whose name appears in the special
certificate register by the Industrial Property Director. This decision shall be the
subject of publication in the Official Journal of Burundi and on the Internet site
of the Ministry responsible for trade.
Section 4. Appeals against decisions to grant a compulsory license
Article 168: Holders of a utility model certificate, certificate holders whose name appears in
the special certificate register or any person having requested the grant of a
compulsory license may, within a period of one month, as from notification,
lodge an appeal with the higher competent legal instance against the decision
handed down by the first judge.
Article 169: Appeals lodged against a decision to grant a compulsory license shall stay the
execution thereof. The decision on the appeal shall be communicated to the
Industrial Property Director with a view to its publication.
Section 5. Rights and obligations of compulsory license holders
Article 170: A compulsory license shall entitle its holder to exploit the utility model
certificate in accordance with the conditions set by the court.
Article 171: The grant of the compulsory license shall not affect existing licensing contracts
or compulsory licenses and shall not preclude either the signature of other
licensing contracts or the grant of other non-voluntary licenses.
Nevertheless, the holder of the utility model certificate may not sign licensing
contracts on more favorable conditions than those of the compulsory licenses.
Section 6. Limitation on compulsory licenses
Article 172: Holders of compulsory licenses may not, without the consent of the holder of the
utility model certificate, grant authorization to a third party to accomplish acts
which fall within the field of application of a non-voluntary license.
Compulsory licenses may be transmitted with the establishment of the holder of
the license or the part of this establishment which exploits the utility model
certificate.
Section 7. Modification and withdrawal of compulsory licenses
Article 173: At the request of the holder of a utility model certificate or the compulsory
license holder, the competent court may amend the decision to grant the
compulsory license if new facts so warrant.
Article 174: The court shall withdraw the compulsory license at the request of the holder of
the utility model certificate in one of the following cases: