of July 3, 2012 No. 857
About modification and amendments in the Law of the Republic of Tajikistan "About inventions"
Article 1. Bring in the Law of the Republic of Tajikistan "About inventions" of February 28, 2004 (Akhbori of Majlisi Oli of the Republic of Tajikistan, 2004, No. 2, the Art. 49) the following changes and amendments:
1. Add Article 1 with the paragraph the fourth the following content:
"the license - provision by the patentee to other legal entity or physical person of the right to work the inventions protected by patents;".
2. The ninth Article 26 to state part in the following edition:
"If the patentee cannot work the invention to which he has exclusive right, without violating at the same time the rights of the owner of other patent (the first patent) which refused the conclusion of the license agreement on the conditions corresponding to common practice he has the right to take a legal action with the action for declaration about provision of the compulsory license (according to article 28 of this Law) on use of this invention in the territory of the Republic of Tajikistan. Conditions of provision of such license to the owner of the second patent, including amount of use of the invention, the size, procedure and payment due dates shall be specified in the action for declaration. If the owner of the second patent having exclusive right to such dependent invention proves that its invention represents important technical achievement and has essential economic advantages before the invention of the owner of the first patent, the court makes the decision on provision to it the compulsory license. The right to use of the invention acquired according to this license cannot be transferred to other person, except case of confiscation of the second patent. In case of provision of the compulsory license, according to these rules, the owner of the first patent on the conditions corresponding to common practice has the right to the non-exclusive license to use of the dependent invention.".
3. Add Article 27 with part nine of the following content:
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