Articles in this chapter
Article 39
The cases in which a compulsory exploitation license may be issued are as follows:
- 1.Requirements of national interest and public benefit: in cases where, in the opinion of the highest official of the relevant executive body, national interest and public benefit (such as national security, nutrition, health, or the development of other sectors of the country's economy) require that the executive body or specified third parties exploit the invention.
- 2.Adoption of anti-competitive practices: where the exploitation by the owner of the invention, or by persons authorized by him, is contrary to free competition, and the highest official of the relevant executive body determines that exploitation of the invention would remedy the problem.
- 3.Failure to exploit the invention in Iran: where three years have elapsed from the date of filing of the patent application, or two years from the date of issuance of the patent certificate, and the inventor has, without justified excuse, failed to exploit it in Iran or failed to supply it in sufficient quantity. In calculating the period of protection, the longer period must be taken into account.
- 4.Existence of dependent inventions: in cases where a later invention, which involves an important technical advance and has considerable economic significance, cannot be exploited without using an earlier invention.
Frequently asked
Article 39 · in plain terms
When can a compulsory licence be granted in Iran?
On four grounds: national interest and public benefit; anti-competitive conduct by the patent owner; failure to work the invention in Iran (three years from filing or two years from grant, whichever is longer); and a dependent later invention that cannot be exploited without the earlier one.