Legislative Implementation of Flexibilities - Belarus

Title:	Article 38 of the Law No. 160-Z on Patents for Inventions, Utility Models and Industrial Designs of 16/12/2002
Field of IP:	Patents
Type of flexibility:	Compulsory licenses and government use
Summary table:

Provisions of Law

Compulsory Licensing

38. Where the owner of a patent has failed to use or has insufficiently used an invention within five years or a utility model or an industrial design within three years following the date of the grant of the patent, any person who wishes to use the patented invention, utility model or industrial design and is in a position to do so, but with whom the owner of the patent has refused to conclude a licensing agreement, may apply to the courts for the grant of a non-exclusive compulsory license. The court shall grant a compulsory license and shall lay down the limits on the use of the invention, utility model or industrial design, as also the amount, dates and procedure for the payment of royalties, unless the owner of the patent is able to prove that the failure to use or the insufficient use of the invention, utility model or industrial design is justified by legitimate reasons.