Terms of a granted licence

Where a compulsory license is granted, the board referred to in Article 40 of this Act must precisely determine an appropriate amount (obtained with the opinion of three official court experts in the field of valuation, selected by the judge member of the board), the conditions of exploitation, the identity of the licensee, the term of exploitation, the operative measures, the time required for the licensee to carry out the operative measures, the geographic scope, and the permitted uses of the invention. Payment of the fees of the experts referred to in this Article is borne by the licensee. Use of the compulsory license is conditional upon payment of the exploitation remuneration to the patent holder or, where payment is not possible, deposit thereof with the Treasury of the Judiciary (Justice Fund). A compulsory license may not provide for the right of exploitation to be exclusive to the compulsory licensee.