1° the invention claimed in the subsequent patent shall represent significant technical
progress and is of considerable economic interest in relation to the invention claimed in
the previous patent;
2° if a compulsory license is granted under this article, at the request of the owner of the
previous patent, the Minister, after consultation with the empowered authority, shall grant
a compulsory license for using the claimed invention in the subsequent patent;
3° the compulsory license authorized in relation to the previous patent can be transmitted
only with the subsequent patent;
4° the compulsory license authorized in relation to the subsequent patent can be transmitted
only with the previous patent.
Article 51: Application and compulsory license grant
The request for a compulsory license shall be accompanied by proof that the patent owner has
received from the requestor a contractual license request, but that the requestor has been
unable to obtain such a license on reasonable commercial conditions and within a reasonable
period provided by a ministerial order.
The request for a compulsory license shall be subject to payment of the prescribed fee.
The beneficiary of the compulsory license shall undertake to use the patented invention to a
sufficient extent. The decision to grant the compulsory license shall specify the following:
1° the field of application and function of the license;
2° the period within which the beneficiary of the license shall begin to use the patented
invention;
3° the amount of the appropriate remuneration to be paid to the owner of the patent and the
payment conditions.
The decision to grant the compulsory license may be subject to appeal to the competent
tribunal.
Sub-section 3: Ex officio compulsory license
Article 52: Conditions for ex officio compulsory license grant
The Government of Rwanda may decide that even without the agreement of the patent owner
a State department or a third party appointed may, with appropriate remuneration, use the
invention for the following reasons:
1° the public interest, in particular:
a) national security;
b) public health;
c) environment protection;
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