Legislative Implementation of Flexibilities - Andorra

Title:	Article 34 of the Patent Act of 10/06/1999
Field of IP:	Patents
Type of flexibility:	Compulsory licenses and government use
Summary table:

Provisions of Law

Article 34 - Compulsory licenses

(1) Any person who proves his ability to work the patented invention in Andorra, after the expiration of a period of four years from the filing date of the application or three years from the grant of the patent, whichever is later, may institute legal proceedings in front of the Civil Court to request a the grant of a compulsory license to exploit the patented invention if it is not worked or is insufficiently worked in Andorra .

(2) The scope and duration of any compulsory license shall be limited to the purpose for which it is granted, and such license shall be:

(a) non-exclusive,

(b) non-assignable, except with that part of the enterprise or goodwill which enjoys such authorization,

(c) granted exclusively for the supply of the domestic market.

(3) The grant of a compulsory license shall be subject to the payment of adequate remuneration to the proprietor of the patent. Such license may only be granted if, prior, the person requesting it has made efforts to obtain authorization from the proprietor on reasonable commercial terms and conditions and that such efforts have not been successful within a reasonable period of time.

(4) A compulsory license shall not be granted if the Judicial Authority determines that circumstances exist which justify the non-working or insufficient working of the patented invention in Andorra , and in particular if the product covered by the patent is put on the market in Andorra in sufficient quantity to satisfy the needs in Andorra.