2° a decision of judicial organ or of the empowered authority has determined that the manner in which the patent owner or his licensee uses the invention is anti-competitive. Article 53: Application and ex officio compulsory license grant The request of a ex officio compulsory license shall be addressed to the Minister and shall be accompanied by proof that the patent owner has received, from the person seeking to obtain that authorization, a contractual license application but that this person has been unable to obtain this license according to reasonable commercial conditions and procedures, and within a reasonable period provided by a ministerial decree. The provisions of paragraph (1) of this article shall not be applied in the case an ex officio compulsory license is granted for the following reasons: 1° in situations of national emergency or other extremely urgent circumstances; 2° the use of an invention for public interest is not lucrative; 3° in case of correction of anti-competitive practices. Where an ex officio compulsory license is granted in accordance with the provisions of paragraph (2) of this article, the owner shall be notified the Government’s decision within a period of thirty (30) days from the date on which it has been taken. Use of the invention shall be limited to the purposes for which it has been granted and shall be subject to payment to said owner or his rightful claimant of appropriate compensation, taking into account the economic value of the Government’s decision and, where the decision has been taken by a judicial organ or the empowered authority, taking into consideration the need to correct anti-competitive practices. Subject to the provisions of paragraph (2) of this article, the Government’s decision shall be taken after the patent owner and any interested person have been heard by the empowered authority if they wish to be heard. For the purposes of article 52 of this Law, the use of the patented invention by the State department or the third party appointed by the Government shall aim mainly at supplying the market of the Republic of Rwanda, except when the license has been granted in order to correct anti-competitive practices. The ex officio compulsory license granted for the use of a patented invention in the technical field of semi-conductors shall be authorized only for the use for public non commercial purposes or for correcting anti-competitive practices.

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