Articles in this chapter
Article 51
Where the conditions prescribed in Clause 4 of Article (39) of this Act exist, the Registration Authority shall, upon collecting the relevant fee and at the request of the owner of the later invention, issue a license for exploitation of the earlier invention for use in the later invention, without the consent of its owner. If the exploitation license is issued without the consent of the owner of the earlier invention, the Registration Authority shall, at his request, also issue a license for exploitation of the later invention without the consent of its owner. The said request must be accompanied by reasons and documents proving that the applicant has requested exploitation from the owner of the invention but has been unable to obtain authorization for exploitation on reasonable terms and within a reasonable period of time. After receiving the request for issuance of the compulsory exploitation license, the Registration Authority shall record it in a special register and, within ten days of receipt, notify it, together with the reasons, documents, and evidence, to the owner of the earlier invention. The owner of the earlier invention must submit his views, reasons, and documents to the Registration Authority within twenty days from the date of notification. The Registration Authority shall, after considering the reasons and evidence of the parties, take the appropriate decision on granting the compulsory exploitation license. Decision-making regarding the implementation of this Article rests with the board referred to in Article (40) of this Act.
Note 1 — Where the decision of the board referred to in Article (40) of this Act is appealed, the compulsory exploitation license issued shall remain suspended until the decision of the competent judicial authority in the matter becomes final.
Note 2 — Transfer of the compulsory exploitation license for the earlier invention is possible only together with the later invention, and transfer of the compulsory exploitation license for the later invention only together with the earlier invention.