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Legislative Implementation of Flexibilities - Lebanon

Title:Articles 32-39 of the Patents Law No. 240 of 07/08/2000
Field of IP:Patents
Type of flexibility:Compulsory licenses and government use
Summary table:PDF

Provisions of Law

Article 32

In compliance with Article 5 of the Paris Union Convention of 1883 (as amended), every person, subject to public or private laws, is entitled after three years from the date of the patent grant, to present an official request for a compulsory license to exploit the invention in Lebanon, according to the conditions hereinafter stated, if the patent owner or his successors did not exploit the patent or actually and practically prepare to exploit the invention being the subject of the patent in the Lebanese Territory.Compulsory license may also be requested if the patent owner or his successors started the exploitation, then seized to do so for a period not less than three years for no legitimate reason.

Article 33

The request for a compulsory license is presented by serving the patent owner before the First Instance Civil Court of Beirut and evidence that the plaintiff:1. Has exerted efforts to acquire the patent owner's approval to exploit such, according to appropriate commercial conditions, and that such efforts were unsuccessful within a proper period of time.In case of national emergencies or force majeure or public utilization for non commercial purposes provided that the patent owner is notified urgently.

2. Should have the needed qualifications and capacities in order to seriously and effectively exploit the invention.Each request for a compulsory license shall be considered separately according to stipulations defined by the judicial decision so as the scope and period of such license be restricted to the purpose of the utilization so as to fulfill the needs of the local market in the majority of cases and so as the compensations due to the patent owner be equivalent to the economic value of the invention.Compulsory licensing may not be exclusive.The patent owner or the licensees may refer to the Court to amend conditions of the license or terminate such, provided that new circumstances impose such action.The Court may insure the presence and validity of circumstances that justified principally granting the license such an action shall be based upon the request of a beneficiary.

Article 34

The compulsory license may not be transferred to third parties without the Court permission, otherwise it shall be void and null. The exception from the Court permission is the case where the investing enterprise transfers it or is joined, merged or split.

Article 35

If the compulsory license owner does not comply to the conditions as stipulated in the Court decision, then the patent owner or any of the other licensees may resort to the court to issue a decision to repeal such compulsory license.

Article 36

Upon the request of the Minister in charge and for purposes of protecting the public health, food safety and safeguarding the public interest in areas of vital importance in the economic, social and technological development the Cabinet of Ministers may subject the invention patents granted in Lebanon to Compulsory Administrative licensing if the products produced as a result of such patents are offered to the public in quantities or qualities that does not fulfill the market requirements or are offered at exaggerated prices.

Once the decision is published in the public gazette, any person qualified to work the patent invention in a serious and practical manner is entitled to request a non-exclusive license to the patent in Lebanon from the Minister of Economy and Trade.

Such license is granted by issuing a conditioned decision by the Minister of Economy and Trade, such conditions shall include its period and scope of application in Lebanon. Exceptionally the annual compensation is to be agreed upon between the patent owner and the licensee, otherwise the civil court of Appeal of Beirut shall determine such compensation the economic value of the license.The Compulsory Administrative License shall come into effect from the date serving such decision to the patent owner, Intellectual Property Protection Authority and the right owners of the patent whose titles are registered in the patents register at the Authority hereinbefore mentioned.

Article 37

The State, for National Security reasons may acquire a license to an invention patent based on a decision issued by the Minister of Economy and Trade upon the request of the Minister of National Defense.

Such Compulsory Administrative License is granted by a decision issued by the Minister of Economy and Trade stipulating the conditions but excluding the related compensation.If the annual compensation is not amicably agreed upon, it shall be determined by Beirut Civil Court of Appeal.Such license shall come into effect from the date of the request of the Minister of National Defense and shall be notified to the patent owner, the Intellectual Property Protection Authority and the patent rights owners whose titles are registered in the patents register at the Authority hereinbefore mentioned.

Article 38

The State may, for National Security reasons own in part or in whole any invention patent by issuing a decree that also states a fair compensation for such proprietary and to be served to the patent owner, the Intellectual Property Protection Authority and to patent rights owners whose titles are registered in the patents register at the Authority hereinbefore mentioned.

Article 39

1. The administrative decisions hereby mentioned may be appealed before Beirut Civil Court of Appeal within thirty days of the decisions being served.

2. The stipulations mentioned do not prevent resorting to arbitration in matters where conciliation is possible.

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