Capability of the licence applicant

An applicant for a compulsory license must have the capabilities necessary to exploit the invention. The request for issuance of a compulsory license shall be filed with the secretariat referred to in Article 40 of this Act and must contain the following:

1. 1.The views and reasons of the applicant as to the existence of national interest and public benefit, or of an anti-competitive practice, or of a failure to work the invention in Iran;
2. 2.Reasons and evidence proving that the executive body or the other requesting persons have requested exploitation from the owner of the invention but have been unable to obtain a license on reasonable terms and within a reasonable time;
3. 3.Probative reasons and evidence regarding the capability of the compulsory-license applicant to use the invention.

Note — Requests submitted by executive bodies must bear the signature of the highest official of that body.