Law of Patents Layout Designs of Integrated Circuits 1

A. The Authority may grant a compulsory license to a third party to exploit a plant variety patented by a plant patent, upon an application submitted to it in accordance with the following: 1. The compulsory license is necessary to protect public interest. 2. The applicant for the compulsory license shall be financially and technically able. 3. Failure of the applicant to obtain a license from the owner of the plant patent at reasonable terms. 4. The lapse of three years between the date of granting the plant patent and the date of applying for the compulsory license. 5. The compulsory license shall not be restricted to performing all or some of the acts referred to in Article 56 of this Law to meet the needs of the local market. 6. The owner of the patent shall be awarded a fair compensation. The Committee shall determine the amount of compensation, and the licensee shall undertake to pay the same. B. The Authority may instruct the owner of the plant patent to provide the holder of a compulsory license with the required quantity of propagation material for the use of the compulsory license in a reasonable fashion. C. In other than exceptional circumstances, a compulsory license shall not be granted for a period less than two years or more than four years. The Authority may extend this term for additional periods, upon verifying that the grounds for granting the compulsory license still exist.