For the purposes of this article, any limitations imposed on the assignee that do not derive
from the rights conferred by the registration of the right, and that are not necessary for the
safeguard of that right shall be deemed abusive or, in the event that they have anti-competitive
effects, anti-competitive.
The assignment contract of the patent of an industrial design or model will cease immediately
to produce effects after invalidation of the patent of an industrial design or model by tribunals.
Article 107: Industrial design or model license grant
The owner of an industrial design registration may, by contractual arrangement, grant a
license to use his invention to another natural or legal person. The license contract shall be
drawn up in writing and shall be signed by the parties to the contract.
The license contract shall be submitted to the empowered authority:
1° for recording in the register of industrial design and models subject to the payment of the
prescribed fee;
2° for publication of a reference to the record of the license.
Any license contract shall have effect toward third parties only after recording into the
register of industrial design and models.
The empowered authority may refuse to record a license contract when it decides that the
contract concerning the right in question contains one or more clauses that are abusive or anticompetitive or in any manner restrain trade or are likely to have any of those effects. The
empowered authority shall hear the allegations of the parties to the contract, if one or both so
request, and shall take into account evidence that is pertinent provided by parties to the
contract. The decision to refuse to record the contract may be subject to administrative appeal
or appeal to the Competent tribunal respectively within one or two (2) months from the date
on which the parties to the contract were notified of the empowered authority’s decision to
refuse to record the contract.
The license contract of industrial design will cease immediately to produce effects after
invalidation by tribunals or for the lapse of industrial design.
Compulsory licenses for industrial designs and models shall be authorized only in cases of
failure or insufficiency of use and in order to eliminate abusive and anticompetitive practices.
CHAPTER IV: PROTECTION OF LAYOUT- DESIGNS OF INTEGRATED
CIRCUITS
SECTION ONE: PROTECTION REQUIREMENTS
Article 108: Layout-design suitable for protection
The layout-designs of integrated circuits may be protected under this Law if, and insofar as, it
is original pursuant to article 109 of this Law.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents