JuriSTEP INTELLECTUAL PROPERTY LAW action, without his consent, or by any action likely to violate such rights. 6. When the public interest, specifically the national security, nutrition, health or the development of other crucial sectors vital for national economy requires, the Ministry with authority in this area may decide, even without the agreement of the patent’s owner, that a third person in service of the State assigned by the Minister may explore the invention, subject to compensation to the patent’s owner. 7. The decision of the Minister may be subject to appeal before the Supreme Court of Justice, which decision is final. Article 8 Duration and annual fees 1. Without prejudice of sub-paragraph (b) of the following number, the patent lapses 20 years from the date of deposit. 2. a) When the invention patented is not sufficiently explored in a industrial manner in Sao Tome and Principe, the owner of the Patent may be forced to accept the granting of mandatory licensees to whom has interest in it; b) For the purposes of this Article, the invention is considered to be exploited in an industrially manner if, on a case-by-case basis, the product patented is manufactured or the process patented is used. 3. In order to maintain the patent in force, an annual fee shall be paid upfront to the National Service for Intellectual Property, after the first year to the deposit of the application of the Patent; a six-month’s extension for the annual fee may be granted subject to a surcharge. 4. The rights deriving from the patent do not include: a) Acts regarding objects placed on the market is Sao Tome and Principe by the owner of the patent or with the his consent; b) The use of the objects on board of foreign aircrafts, terrestrial vehicles or ships that temporarily or accidentally enter in the air space, in the territory or in the territorial waters of Sao Tome and Principe; c) Acts regarding purposes; an Invention patented for scientific research d) Acts performed by any person that, in good faith, in the date of the deposit or, when the property is claimed on the date of priority of the application based on which the patent was granted, and in the territory of Sao Tome and Principe, were using the invention or making real and serious preparations to use it, as long as the these actions are not different in nature or purpose from the previous 8

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