Title: | Article 70 of the Patents Act No. 17/1991, as last amended by Act No. 126/2011 |
Field of IP: | Patents |
Type of flexibility: | Security exceptions |
Summary table: |
Article 70
In a case of extreme necessity in the event of an emergency due to natural disaster, war or imminent risk of war, [the Minister] may direct that all rights for the exploitation of an invention devolve on the state or any other party that the Minister directs. Full compensation shall be payable for such a transfer but if no agreement can be reached on the amount of compensation a decision shall be made according to criteria laid down in Act no. 11/1973.
If, on the grounds referred to in Paragraph 1, the right to exploit an invention is transferred to a party other than the state and if the said party fails to pay the appropriate compensation the state is obliged, on demand of the party who has right to compensation, to pay the amount without delay.