j) Evidence concerning an attempt to obtain a voluntary license shall not be required in cases of
national emergency or other circumstances of extreme urgency or in cases of public non
commercial use or when the license is granted to remedy a practice determined after judicial or
administrative process to be anti-competitive; in such cases the holder of the patent shall be
notified of the Director General‟s decision as soon as reasonably practicable.
k) The exploitation of the invention under a compulsory license shall be predominantly for the supply
of the market in Liberia except when the compulsory license concerns a patent claiming a
pharmaceutical product or a process to obtain a pharmaceutical product, and the purpose of the
license is to export the patented product or the product manufactured by the patented process to a
foreign territory with no or insufficient manufacturing capacity, in accordance with the WTO
Decision of 30 August, 2003 or Article 31of the TRIPS Agreement, as appropriate, and the Annex
thereto.
l) A compulsory license in respect of an invention in the field of semi-conductor technology or
layout designs of integrated circuits shall only be granted for public non-commercial use or where
a judicial or administrative body has determined that the manner of exploitation of the patented
invention, by the holder of the patent or someone acting under his authorization or with his
consent, is anti-competitive and that the grant of the non-voluntary license would remedy such
practice.
m) Where a compulsory license is granted under subsection (a)(v) of this Section, the holder of the
first paten t shall be entitled to a cross-license on reasonable terms to use the invention claimed in
the second patent; and the license on the first patent may not be assigned separately from the
second patent.
§13.14. Invalidation; Surrender
a) Patents shall be granted without any guarantee about the novelty, inventive step or industrial
applicability of the invention.
b) Any interested person may request the Director General or the court to invalidate a patent.
Invalidation shall be decided on the evidence submitted by the parties.
c) The Director General or the court shall invalidate the patent if Sections 13.1, 13.2, and Section
13.4, Subsections (h) thru (k) of this Act are not complied with.
d) When the grounds for invalidation are established with respect to a main claim, any dependent
claim may be deemed invalid if it does not comply with Section 13.4, Subsections (h) thru (j) of
this Act. If a dependent claim is invalidated, the other claims may remain valid if they comply with
Section 13.4, subsections (h) thru (j) of this Part.
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