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Article 24
Where a non-voluntary license is to be issued, the following elements shall be taken into
account:
(1)
A request for the grant of the non-voluntary license shall be considered on the merits of each
case. The license shall mainly seek to satisfy the needs of the domestic market.
(2)
The requesting party shall prove that he has made serious attempts during a reasonable
period of time to obtain a voluntary license from the patent holder against fair compensation,
and that he failed.
(3)
The patent owner may, within one month from his notification of the grant of the license,
appeal to the Committee provided for in Article 36 and in accordance with the conditions
and procedures stipulated by the Regulations, against the decision to grant the non-voluntary
license to a third party.
(4)
The party requesting the grant of a non-voluntary license, or the party to whom a nonvoluntary license is granted, must have the capacity to efficiently exploit the invention in
Egypt.
(5)
The licensee must abide by the scope, terms and period prescribed by the decision granting
such a license. The Patent Office may extend the duration of the license if it expires without
achieving its purpose.
(6)
The use of the non-voluntary license shall be limited to the applicant; the Patent Office may
however grant it to a third party.
(7)
The beneficiary shall not assign the rights of a non-voluntary license to a third party except
with the enterprise or the part related to the exploitation of the patent.
(8)
The patent owner shall be entitled to a fair compensation for the exploitation of his
invention. The amount of the compensation shall be fixed on the basis of the economic
value of the invention. He shall have the right to appeal against the compensation
assessment, within 30 days of being notified the decision, before the Committee provided for
in Article 36, in accordance with the rules and procedures prescribed by the Regulations.
(9)
The non-voluntary license shall lapse on the expiry of its duration. Nonetheless, the Patent
Office may decide to terminate the non-voluntary license if the reasons which led to its grant
cease to exist and are unlikely to reoccur, in which case, the procedure prescribed by the
Regulations shall apply.
(10)
The patent owner may request the termination of the non-voluntary license before its expiry,
if the reasons, which led to its grant, cease to exist and are unlikely to reoccur.
(11)
Where a non-voluntary license is terminated before its term, the legitimate interests of the
licensee shall be taken into account.