Articles in this chapter
Article 40
For the determination of any of the cases set forth in Clauses 1 to 3 of Article (39) of this Act, the matter shall be raised before a board composed of the head of the Registration Authority, the highest official of the relevant executive body (or the representatives of each of them), and one judge specialized in this matter selected by the Head of the Judiciary. Upon the approval of that board, the executive body or the specified persons shall exploit the invention without the need for the consent of the owner of the invention. For the performance of all administrative duties of the board referred to in this Article, a secretariat shall be established within the Registration Authority under the chairmanship of the head of the Registration Authority.
Note 1 — The decisions of the board are enforceable and may be appealed before the competent judicial authority within twenty days.
Note 2 — The compulsory exploitation license for defense inventions requested by defense organizations shall be issued by a board chaired by the Chief of the General Staff of the Armed Forces or his representative, with the membership of a representative of the Minister of Defense and Armed Forces Logistics and the head of the requesting defense organization. The decisions of this board are appealable. Such appeals shall be heard in a special branch of the Court of Administrative Justice designated by the Head of the Judiciary, with an invitation to the representative of the Chief of the General Staff of the Armed Forces. In cases where this Act assigns decision-making to the board referred to in this Article, in respect of defense inventions the board referred to in this Note shall make the decision; and in cases where, under this Act, the opinion of the judge member of the board referred to in this Article is decisive in the decision, in respect of defense inventions the opinion of the Chief of the General Staff of the Armed Forces (or his representative on the board) shall be decisive.