The empowered authority shall verify the clauses of the contract license, the effect of which is to prevent by excessive means the export of the goods made by the licensee, and which authorize the export in return for enormous fees or limit the licensee’s competitive opportunities on the domestic and foreign market. For the purposes of the provisions of this article, the empowered authority may refuse to record a license contract when it decides that the contract concerning the right of the patent recorded in the register of a layout-design in question contains one or more clauses that are abusive or anti-competitive or in any manner restrain trade or are likely to have any of those effects. The empowered authority shall hear the allegations of the parties to the contract, if one or both so request, and shall take into account evidence that is pertinent provided by parties to the contract. Any decision to refuse to record the contract may be subject to appeal to the appeal committee provided by this Law within a period of thirty (30) days. When the appellant is not satisfied with the appeal committee’s decision, he may appeal to the competent tribunal within a period of thirty (30) days from the date on which he was notified the appeal committee’s decision. For the purposes of the provisions of this article, any limitations imposed on the licensee that do not derive from the rights conferred by the registration of the licensed right, and that are not necessary for the safeguard of that right shall be deemed abusive or, in the event that they have anti-competitive effects, anti-competitive. Article 125: Reasons for a compulsory license grant After consultation with the empowered authority, the Minister may grant a compulsory license as a result of the lack of or insufficient industrial or commercial use, in the Republic of Rwanda, of a registered layout-design or in order to remedy an abusive practice. Article 126: Ex officio compulsory license Where there was a patent of use or insufficient use of the layout-design in the field of industry or commerce, a person or an association having shown the capacity of use on the territory of Rwanda, can request an ex officio compulsory license from the Minister after a period of four (4) years from the date of the application of the registration patent of the layout-design or after a period of three (3) years from the date where the layout-design was patented, the subsequent time shall be the one to be taken into account. The Minister shall grant this authorisation after consultation with the empowered authority. The ex officio compulsory license is not granted where there are valid reasons explaining the use or insufficient use of the layout-design. Article 127: Compulsory licence in case of infringing use of previous layout-design by subsequent layout design If the layout-design claimed in a “subsequent patent” cannot be used in Rwanda without infringing an invention of layout-design claimed in a “patent of registration,” the Minister can, after consultation with the empowered authority, at the request of the owner of the subsequent patent, grant him an operating compulsory license for using the layout-design claimed by the previous patent of registration. In such a case, the following conditions shall be respected:

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