11
(12)
The non-voluntary license may be terminated or its terms amended by the Patent Office, or
upon a request from any interested party, if within two years after the grant of the nonvoluntary license, the licensee fails to exploit the subject matter of the license or to meet his
obligations as prescribed by the license.
Article 25
Patents may be expropriated by decision of the competent Minister - subject to the approval of
the ministerial committee referred to in Article 23 - on grounds relating to national defence and in
cases of emergency which the grant of a non-voluntary license is insufficient to counter.
The expropriation may be limited to the right of exploitation only to satisfy the needs of the
State.
In all cases, the expropriation shall be against a fair compensation, to be assessed by the
committee provided for in Article 36 and on the basis of the economic value of the patent at the time
the expropriation decision is made.
The expropriation decision shall be published in the Patent Gazette. The decision of the
expropriation and that of the compensation assessment committee may be appealed before the
Administrative Court, within 60 days from the date of notification of the decision to the interested
party, by means of a registered letter with acknowledgement of receipt. The Court shall decide on
such an appeal expeditiously.
Article 26
The rights conferred by a patent shall lapse and fall into the public domain under the following
conditions:
(1)
Expiration of the protection period according to Article 9.
(2)
Relinquishment by the patent holder of his rights without prejudice to the rights of third
parties.
(3)
Final decision taken revoking the patent.
(4)
Failure to pay, within one year from the due date, the annual fees or the overdue penalty of
7% of the annual fees, after notification of payment according to the procedure prescribed by
the Regulations.
(5)
Where the invention is not exploited in Egypt within two years following the grant of a nonvoluntary license and upon a request by any interested party submitted to the Patent Office.
(6)
Abuse by the patent owner of his rights, where the non-voluntary license is insufficient to
remedy that abuse.