|
Article 81
The decision to grant a compulsory license shall be made by the Directorate General at the latest 9 (nine) months as of the filing of request for the relevant compulsory license.
Article 82
- The request for a compulsory license may also be filed at any time by a patent holder on the grounds that the implementation of his patent, would be impossible without infringing another existing patent
- The request for a compulsory license as referred to in paragraph (1) may only be considered if the patent to be implemented genuinely contains elements of new technology, which are clearly more advanced that said existing patent
- Where the request for a compulsory license is filed on the grounds as referred to in paragraph (1) and (2):
- The patent holder shall be entitled to give each other a license to use the other party's patent under reasonable terms,
- The implementation of patent by the compulsory licensee cannot be transferred unless it is transferred together with the assignment of the other patent.
- Upon the request for a compulsory license at the Directorate General as referred to in paragraph (1) and (2) shall apply the provisions of Part Three of this Chapter, except the provisions regarding the period for filing a request as provided for in Article 75 paragraph (1).
Article 83
- Upon a request of the patent holder, the Directorate General may revoke a decision on the grant of a compulsory license as referred to in Part Three of this Chapter, if:
- The grounds that formed the basis for granting the compulsory license no longer pertain,
- The compulsory licensee has evidently not implemented the compulsory license or has not made any appropriate preparations for immediate implementation of the license,
- The compulsory licensee is no longer complying with other terms and conditions, including the obligation to pay royalties stipulated in the grant of the compulsory license.
- The revocation as referred to in paragraph (1) shall be recorded and announced.
Article 84
- Where a compulsory license terminates due to the expiry of the period stipulated in the grant thereof, or upon revocation, the compulsory licensee shall return the license he has obtained
- The Directorate General shall record and announce the compulsory license that has terminated.
Article 85
The termination of a compulsory license as referred to in Article 83 and Article 84 shall result in the restoration of the rights of the patent holder to the relevant patent, commencing on the date of recordation of the termination.
Article 86
- A compulsory license may not be transferred, except due to inheritance
- Compulsory license that is transferred due to inheritance shall continue to be subject to the requirements of its grant and other provisions, particularly regarding the period of time, and shall be reported to the Directorate General to be rerecorded and announced.
Article 87
Further provisions regarding compulsory licenses shall be regulated by a Government Regulation.
|