Legislative Implementation of Flexibilities - Czech Republic

Title:Section 20 of the Law on Inventions, Industrial Designs and Rationalization Proposals No. 527 of 27/11/1990 as last amended by Act No. 207/2000 Coll. and Act No. 378/2007
Field of IP:Patents
Type of flexibility:Compulsory licenses and government use
Summary table:PDF

Provisions of Law

20. Compulsory License

(1) If no agreement is reached on the conclusion of a license contract, the Office may grant a compulsory license:

(a) if the owner of the patent does not work his patent at all or works it insufficiently and cannot give legitimate reasons for his failure to act; a compulsory license may not be granted prior to the expiration of four years as from the filing date of the patent application or three years as from the date of grant of the patent, whichever period expires last;

(b) If an important public interest is endangered.

(2) The grant of a compulsory license shall not affect the right of the owner to obtain compensation in respect of the value of the license.