The compulsory-licence board

To determine each of the cases set out in paragraphs 1 to 3 of Article 39 of this Act, the matter shall be referred to 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 a judge specialized in this matter selected by the Head of the Judiciary. Upon the agreement of that board, the executive body or specified persons shall exploit the invention without the need for the consent of the owner of the invention. To carry out all the administrative functions of the board referred to in this Article, a secretariat shall be established within the Registration Authority under the chairmanship of the head of that Authority.

Note 1 — The decisions of the board are enforceable and may be challenged before the competent judicial authority within twenty days.

Note 2 — A compulsory license for defense-related inventions requested by defense organizations shall be issued by a board chaired by the Chief of the General Staff of the Armed Forces or their 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 may be challenged. Such challenge shall be heard in a special branch of the Court of Administrative Justice designated by the Head of the Judiciary, with a representative of the Chief of the General Staff of the Armed Forces being invited. In matters where this Act assigns the decision to the board referred to in this Article, the board referred to in this Note shall decide in respect of defense-related inventions; and in matters where the opinion of the judge member of the board referred to in this Article is decisive, the opinion of the Chief of the General Staff of the Armed Forces (or their representative on the board) shall be decisive in respect of defense-related inventions.