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Other Use Without Authorization Of The Right Holder

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Chapter Summary

The law of a member allows for other use of the subject matter of a patent without the authorization of the right holder, including use by the government or third parties authorized by the government, the following provisions shall be respected: (a) authorization of such use shall be considered on its individual merits; (b) such use may only be permitted, the proposed user has made efforts to obtain authorization from the right holder on reasonable commercial terms and conditions and that such efforts have not been successful within a reasonable period of time; (c) the scope and duration of such use shall be limited to the purpose for which it was authorized, and in the case of semi-conductor technology shall only be for public non-commercial use or to remedy a practice determined after judicial or administrative process to be anti-competitive; and (d) such use shall be non-exclusive.

Keywords: authorization; non-commercial; provisions; right holder; semi-conductor

10.1163/ej.9789004145672.i-910.199
/content/books/10.1163/ej.9789004145672.i-910.199
dcterms_subject,pub_keyword
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