Terms of dependent-invention licences

The decision on the issuance of each of the compulsory licenses for the earlier or later invention must determine the scope and use of the license, the appropriate remuneration to be paid to the owner of the invention concerned, and the terms of payment. Either party may, by proving that the licensee has been unable to act in accordance with the said decision and its terms, file a request for revocation of the compulsory license, together with the relevant documents and evidence, with the Registration Authority. The board referred to in Article 40 of this Act shall, upon establishing the failure to observe the terms of the decision and its conditions, revoke the compulsory license.

Note — The owner of the invention and the holder of the compulsory license may challenge the amount of remuneration determined for the issuance of the compulsory license before the competent judicial authority within twenty days of the date of notification of the decision of the board referred to in Article 40 of this Act. Such challenge does not bar exploitation under the compulsory license.