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Legislative Implementation of Flexibilities - Jordan

Title:Articles 22-26 of the Law on Patents No. 32 of 1999, as last amended by Law No. 71 of 2001
Field of IP:Patents
Type of flexibility:Compulsory licenses and government use
Summary table:PDF

Provisions of Law

Article 22

The Minister may grant a license to use a patent to third parties without obtaining the patentee's consent in any of the following cases exclusively:

A) If the use of the patent by the state authorities or licensed third parties is a necessity for national defense or emergency or for noncommercial public good provided that the patentee is notified as soon as it becomes possible.

B)1. If the patentee doesn't exploit it or exploits it insufficiently before the elapse of 4 years as of the application date or 3 years as of the granting date, the period to be applied is the one that elapses later. However, the Minister may grant the patentee an additional grace period if he deems that reasons beyond the control of the patentee have prevented exploitation.

2. For the purposes of item (1) of this paragraph, and without prejudice to the provisions of the related International Conventions, the importation of the subject goods of the patent to the kingdom shall be deemed utilization of the patent.

C) If the patentee exercises his rights in such a way as to prevent others from competing fairly.

Article 23

The following shall be taken into consideration when compulsory licenses are granted:

A) Each application for a license shall be decided separately for its specific conditions and circumstances.

B) The applicant shall have tried to obtain a license from the patentee under reasonable remuneration and conditions but did not reach an agreement during a reasonable period of time in the case provided for in paragraph (B) of Article 22 of this law.

C) The scope and duration of the license shall be limited to the purpose for which it is granted. If the license application relates to semiconductor technology, then it shall only be granted for noncommercial public good or to rectify practices deemed by the competent judicial or administrative authority to be anticompetitive.

D) The license to exploit shall not be exclusive.

E) The license shall not be assignable to third parties.

F) The license shall only be granted for meeting the demand in the local market other than for the case provided for in paragraph (C) of Article 22 of this law.

G) The patentee shall receive an equitable remuneration which takes into account the economic value of the patent.

Article 24

The Minister may cancel the compulsory license by himself or on the strength of an application from the patentee if the reasons for its grant disappeared. This license cancellation shall however preserve the rights of those involved in the compulsory license.

Article 25

The provisions and procedures related to licensing of patent utilization shall be prescribed pursuant to regulations to be issued to this aim.

Article 26

The Minister's compulsory-licence decision shall be appealable to the High Court of Justice within 60 days of its notification.

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