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Legislative Implementation of Flexibilities - Lithuania

Title:Articles 38-39 of the Patent Law No. I-372 of 18/01/1994 as last amended by Law No. X-1119 of 10/05/2007
Field of IP:Patents
Type of flexibility:Compulsory licenses and government use
Summary table:PDF

Provisions of Law

Article 38. Compulsory Cross-licensing when an Invention is Related to the Protected Plant Variety

Where a breeder cannot acquire or exploit a plant variety right without infringing the exclusive rights protected by a prior patent, he may apply for a compulsory licence for non-exclusive use of the invention protected by the patent inasmuch as the licence is necessary for the exploitation of the plant variety to be protected, subject to payment of an appropriate royalty. Where such a licence is granted, the patent owner will be entitled to a cross-licence on reasonable terms to use the protected variety. Where the owner of a patent concerning a biotechnological invention cannot exploit it without infringing a prior plant variety right, he may apply for a compulsory licence for non-exclusive use of the plant variety protected by that right, subject to payment of an appropriate royalty. Where such a licence is granted, the holder of the variety right will be entitled to a cross-licence on reasonable terms to use the protected invention.

Applicants for the licences referred to in paragraphs 1 and 2 of this Article must demonstrate that:

1) they have applied unsuccessfully to the owner of the patent of a biological invention or the holder of the plant variety right to obtain a contractual licence;

2) the plant variety or the biological invention constitutes significant technical progress of considerable economic interest compared with the invention claimed in the patent or the protected plant variety.The court shall make a decision regarding the granting of licences referred to in paragraphs 1 and 2 of this Article, the amount of royalty and other conditions and extent of a compulsory licence. If the conditions of grating of a compulsory licence change or disappear, at the request of the owner of the patent of a biological invention or the holder of the plant variety right, the court may revoke a compulsory licence or change its conditions.Offices keeping a list of protectable plant varieties and the Patent Register of the Republic of Lithuania shall be responsible for the registration, in the manner prescribed by legal acts, of the licences referred to paragraphs 1 and 2 of this Article.Where a licence for a plant variety can be granted only by the Community Plant Variety Office, Article 29 of Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights shall apply.

Article 38.1. Compulsory Licence for Pharmaceutical Products

A competent institution authorised by the Government shall grant mandatory licences in compliance with Regulation (EC) No 816/2006 of the European Parliament and of the Council of 17 May 2006 on compulsory licensing of patents relating to the manufacture of pharmaceutical products for export to countries with public health problems.

Article 39. Exploitation of an Invention with the Authorisation of the Government of the Republic of Lithuania

The Government of the Republic of Lithuania may adopt a resolution to permit a State or municipal institution, natural or legal persons to market, without the consent of the owner of a patent, a patented invention within the territory of the Republic of Lithuania, if an invention protected by a patent is related to public needs, national security and public health protection, development of economically important sectors;the court determines that a method of the exploitation of an invention employed by the owner of a patent or licensee is anti-competitive.An invention may be exploited only for the purpose in respect of which the resolution has been adopted. The owner of a patent must, for the exploitation of the invention, be remunerated fairly, taking into consideration economic value of the invention. If the owner of a patent or a person who has authorisation to use an invention, requests, the Government of the Republic of Lithuania may, taking into consideration their reasons, change the conditions of the use of a patented invention, and time limits of the validity of permission. When authorisation to use a patented invention is issued to the owner of a patent which improves a previously patented invention (second invention) and that may infringe the exclusive rights of the owner of the first patent, the Government of the Republic of Lithuania shall, before the adoption of this resolution, take into consideration the following additional conditions:

the claimed in the second patent shall involve an important technical advance of considerable economic significance in relation to the invention claimed in the first patent;

the use authorised in respect of the first patent shall be non-assignable except with the assignment of the second patent.

the use authorised in respect of the first patent shall be non-assignable except with the assignment of the second patent.

The Government of the Republic of Lithuania may declare the resolution null and void, if the circumstances which led to the authorisation to use a patented invention cease to exist, or if a State or municipal institution, natural or legal persons use a patented invention for the purpose other than that in respect of which the resolution has been adopted. Authorisation to exploit an invention must be non-exclusive, i.e. the owner of a patent shall not lose the right to use a patented invention himself, and it shall not prohibit the owner of a patent to conclude license agreements related to the use of a patented invention as well as to further exploit a patented invention or to implement his rights in other ways. Authorisation to use a patented invention may not be transferred, except when the enterprise (or a part thereof) in which a patented invention is used, is transferred in a manner prescribed by law. Attached to a request to permit the exploitation of a patented invention must be evidences confirming that the person seeking authorisation has requested, but has not received authorisation of the owner of a patent to use the patented invention. This provision shall not apply in the case of a national emergency or other circumstances of extreme urgency or in cases of public non-commercial use of a patented invention. The owner of a patent must be informed in writing about a resolution, which is being drawn up, concerning the authorisation to use a patented invention, and about an intention to use a patented invention for the purposes provided for in subparagraph 1 of paragraph 1 of this Article.Resolutions of the Government of the Republic of Lithuania concerning the authorisation to use a patented invention without the consent of the owner of a patent may be appealed against in court in a manner prescribed by law.Upon the receipt of the resolution of the Government of the Republic of Lithuania concerning the authorisation to exploit an invention, the State Patent Bureau shall publish information on the authorisation in the next issue of its Official Bulletin.

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