Competence and procedures for licensing of inventions under compulsory decisions

Competence and procedures for licensing of inventions under compulsory decisions
March 14 07:56 2014 Print This Article

The Science and Technology Ministry shall issue decisions on licensing of inventions based on the consideration of requests for licensing in the cases below after consulting opinions of the Science and Technology Ministry.

– The holder of exclusive right to use such invention fails to fulfill the obligations to use such invention

– A person who wishes to use the invention fails to reach an agreement with the holder of exclusive right to use such invention on the entry of an invention license contract in spite of his/her efforts made within a reasonable time for negotiation on satisfactory commercial price and conditions;

– The holder of exclusive right to use such invention is considered having performed anti-competition practices banned by competition law.

Ministries and ministerial-level agencies shall issue decisions on licensing of inventions in domains under their respective management in the cases after consulting opinions of the Science and Technology Ministry: the use of such invention is for public and non-commercial purposes or in service of national defense, security, disease prevention and treatment and nutrition for people or other urgent needs of the society

* Decisions on licensing of inventions must set out appropriate use scope and conditions according to the provisions of Article 146 of Intellctual property

* The state agency competent to decide on licensing of inventions shall have to promptly notify the holders of exclusive right to use such inventions of its decisions

* Decisions on licensing of inventions or on refusal of licensing of inventions may be subject to complaints or lawsuits according to the provisions of law

* The Government shall specify procedures for licensing of inventions defined in these cases

 

 

 

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