Legislative Implementation of Flexibilities - Cooperation Council for the Arab States of the Gulf (GCC)

Title:	Section 19 of the Patent Regulation of the Cooperation Council for the Arab States of the Gulf (as at 23704/2002)
Field of IP:	Patents
Type of flexibility:	Compulsory licenses and government use
Summary table:

Provisions of Law

Article 19

19/1 where the owner has never exploited the patented invention, or has insufficiently exploited it according to Article (13), the Board of Directors may grant a compulsory license, with observation of the following:

19/1/1 At least three years have elapsed after the grant of the patent.

19/1/2 the applicant proves that he exerted, over a reasonable period of time, efforts to obtain license from the patent owner for an adequate compensation, under fair terms.

19/1/3 that the license is not exclusive.

19/1/4 that the license is essentially granted to meet the demands of the local market.

19/1/5 that the license decision defines the scope and terms of the license, according to the purposes for which it was granted.

19/1/6 that the patent owner shall be paid an adequate compensation.

19/1/7 that the exploitation of the patent shall be limited to the licensee.

The license shall not be transferable to others except in case of change of ownership of the licensee's establishment, or the section, which exploits the patent, provided the Board of Directors, approves such transfer.

19/2 should the invention relate to "semi - Conductors" technologies, licensing shall only be permitted for public, general, and none commercial purposes, or to rectify practices that proved none competitive by judiciary or administrative decisions.