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(b) Failure to supply the local market with the patented product, or supplying it under
prohibitive terms.
(c) Stopping the production of the patented item or its production in a disproportionate
manner, given the production capacity and the market needs.
(d) Undertaking acts or practices which have adverse effect on the free competition,
according to the prescribed legal norms.
(e) Exercising of the rights conferred by this Law in a manner that adversely affects the
transfer of technology.
In all above cases, the non-voluntary license is granted without recourse to negotiation or the
expiry of a time limit thereto, even if the non-voluntary license is not intended to satisfy the needs of
the domestic market.
The Patent Office may refuse to terminate the non-voluntary license, where the conditions that
called for it are likely to remain or to reoccur.
The compensation due to the owner of the patent shall take into account the prejudice caused
by his arbitrary or unfair competition practices.
The Patent Office may revoke the patent if, two years after the grant of a non-voluntary
license, it became clear that the grant, of that license was not adequate to remedy the adverse effects
caused to the national economy by the patent owner`s abuse of his rights or his unfair competition
practices.
Any concerned party may challenge the revocation of a patent before the Committee provided
for in Article 36, and in accordance with the conditions and procedures prescribed in the
Regulations.
(6)
Where the exploitation of an invention by the legitimate patent holder requires inevitably the
use of another invention, underlying concrete technical advance as well as technical and economical
significance compared to the other, he shall be entitled to obtain a non-voluntary license for the
exploitation of the other invention, in which case the othermpatent holder shall equally have the
same right.
The licensed exploitation of one patent may not be assigned without the corresponding
assignment of the other.
(7)
The grant of a non-voluntary license in the field of semi-conductor technology shall be
authorised for public non-commercial purposes only, or to remedy the consequences of any unfair
competition practices.
The grant of non-voluntary licenses in the cases provided for in this Article, shall be in
accordance with the rules and procedures prescribed in the Regulations.