Licence for a dependent invention

Where the conditions set out in paragraph 4 of Article 39 of this Act exist, the Registration Authority shall, upon receipt of the relevant fee and at the request of the owner of the later invention, issue a license to exploit the earlier invention for use in the later invention, without the consent of its owner. If a license to exploit is issued without the consent of the owner of the earlier invention, the Registration Authority shall, at the latter's request, also issue a license to exploit the later invention without the consent of its owner. The said request must be accompanied by reasons and evidence proving that the applicant has requested exploitation from the owner of the invention but has been unable to obtain a license on reasonable terms and within a reasonable time. The Registration Authority shall, upon receipt of the request for a compulsory license, register it in a special register and, within ten days of receipt, notify it, together with the reasons, documents, and supporting evidence, to the owner of the earlier invention. The owner of the earlier invention must submit their views, reasons, and evidence to the Registration Authority within twenty days of the date of notification. The Registration Authority shall, having regard to the reasons and supporting documents of the parties, take an appropriate decision on the grant of the compulsory license. The decision on the application 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 challenged, the compulsory license issued shall remain suspended until the decision of the competent judicial authority becomes final.

Note 2 — Assignment of the compulsory license for the earlier invention is possible only together with the later invention, and assignment of the compulsory license for the later invention is possible only together with the earlier invention.