Legislative Implementation of Flexibilities - African Intellectual Property Organization

Title:	Articles 37 and 38 of the Bangui Agreement of 02/03/1977, as revised on 24/02/1999
Field of IP:	Patents
Type of flexibility:	Ex-officio IP office control of anti-competitive clauses in licensing agreements
Summary table:

Provisions of Law

Article 37

Invalid Clauses

(1) Clauses in license contracts or relating to such contracts shall be invalid in so far as they impose on the licensee, in the industrial or commercial sphere, restrictions not deriving from the rights conferred by the patent or not necessary for the upholding of such rights.

(2) The following shall not be considered restrictions within the meaning of paragraph (1) above:

(i) limitations relating to the extent, the scope or the duration of exploitation of the patented invention;

(ii) the obligation on the licensee to abstain from any act liable to harm the validity of the patent.

(3) In the absence of provisions to the contrary in the license contract, the license shall not be assignable to third parties and the licensee shall not be authorized to grant sublicenses.

Article 38

Recognition of Invalid Clauses

Recognition of the invalid clauses referred to in Article 37 above shall be done by the civil court at the request of any interested party.