Law of Patents Layout Designs of Integrated Circuits 1

A. The Authority may grant a compulsory license to a third party to exploit an invention covered by a patent or a layout design of an integrated circuit covered by a certificate of design upon an application submitted to it, according to the following: Law of Patents, Layout Designs of Integrated Circuits, Plant Varieties, and Industrial Designs 1. The application shall be submitted after the lapse of four years from the date of filing the patent application or three years from the date of granting the patent, whichever expires later, without the owner of the protection document exploiting his invention or if he exploited it in an inadequate fashion, unless he justifies the same with a legitimate excuse. 2. The applicant for the compulsory license must prove that he has exerted -over a reasonable period of time- efforts in order to obtain a contractual license on the basis of reasonable commercial conditions, and for a reasonable financial compensation. However, this provision and the provision in the preceding paragraph shall not apply if the applicant is a government body or a person authorized by it, and the aim is to benefit public interest - especially in issues related to security, health, nutrition, or the development of other vital sectors of the national economy- or to meet a state of emergency or other very compelling circumstances, or where the aim thereof is public non-commercial purposes. In the latter case, and upon knowledge of the existence of a patent or a certificate of design, their holder shall be promptly informed. 3. The compulsory license is basically granted to make the invention or design available in local markets. This provision shall not apply where the aim of the license is to prevent or restrict practices against which a decision or judgment is issued declaring them to be acts of unlawful competition. 4. The decision granting the license shall determine the scope and term of the license, according to the purpose for which it is granted. The license shall be subject to termination if the conditions for which it is granted cease to exist and their recurrence is not likely, with due regard to the legal interests of the licensee. 5. The license shall not be exclusive. 6. Each application shall be independently decided. 7. The owner of the protection document or the holder of a certificate of a design shall be awarded a fair compensation. The Committee shall determine the amount of the compensation, and the licensee shall undertake to pay it. B. If the compulsory license is related to a patent of semiconductor technology, the purpose of the license shall be for public non-commercial purposes only or to control acts concerning which a decision or judgment is issued declaring them to be acts of unlawful competition. C. If the patent involves a significant technological advance with considerable economic value, which requires the exploitation of another patent, the Authority may grant the owner of the protection document a compulsory license to exploit the other patent. In such a case, the compulsory license shall not be assigned unless the other patent is assigned. The owner of the other patent shall be entitled to a counter license from the compulsory licensee, in accordance with reasonable conditions. Law of Patents, Layout Designs of Integrated Circuits, Plant Varieties, and Industrial Designs