b) Each request for a compulsory license shall be considered on its individual merits. The decision
shall be taken after hearing the holder of the patent if he wishes to be heard. Where the compulsory
license is granted by the court, the Director General shall be notified with the decision.
c) The exploitation of the patented invention shall be limited to the purpose and duration for which it
was authorized and shall be subject to the payment to the said holder of an adequate remuneration
in the circumstances of each case. Such remuneration shall take into account the economic value of
the compulsory license and, where the decision has been taken under subsection (a) (ii) or (iii) of
this Section this shall be taken into account in determining the amount of the remuneration.
d) The government of Liberia may decide at any time the use of a patented invention for public non
commercial purposes through a government agency, a subcontractor or another third person
designated by the respective Ministry or the court. The right holder shall be informed promptly of
such use.
e) Upon request of the holder of the patent, or of the Government agency or person licensed to
exploit the patented invention, the court may, after hearing the parties, if either or both wish to be
heard, vary the terms of the decision authorizing the exploitation of the patented invention to the
extent that changed circumstances justify such variation.
f) Upon the request of the holder of the patent, the Director General or the court may terminate the
compulsory license if it is determined, after hearing the parties, if either or both wish to be heard,
that the circumstances which led to the decision to grant the compulsory license have ceased to
exist and are unlikely to recur. License where an adequate protection of the legitimate interests of
the Government agency or third person designated to exploit the invention justifies the
maintenance of the decision.
g) A compulsory license may only be transferred with the enterprise or business of that person or
with the part of the enterprise or business within which the patented invention is being exploited.
h) A compulsory license shall be non-exclusive. Therefore, it shall not exclude:
i.
the exploitation of the invention by the patent holder himself; and
ii.
the conclusion of license contracts by the holder of the patent; and
iii.
the exercise, by the holder of the patent, of his rights under Section 13.10 (a) of this Act to
the extent that it does not interfere with the operation of the compulsory license.
i) A request for a compulsory license shall be addressed to the Director General or to the court and
accompanied by evidence that the holder of the patent has received, from the person seeking the
compulsory license, a request for a contractual license, but that that person has been unable to
obtain such a license on reasonable commercial terms and conditions and within ninety days from
the request.
76
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