Article 1362: Forced licence for invention, useful model or industrial design

1. If the invention or industrial sample is not used or not sufficiently used by the patent holder within four years from the date of issuance of the patent, and a useful model within three years from the date of issuance of the patent I grant a patent, which leads to insufficient supply of relevant goods, works or services on the market, any person willing and willing to use such inventions, useful models or industries If the patent holder refuses to enter into a licence contract with that person under conditions consistent with established practice, he or she is entitled to bring an action before the court against the patent holder. In the claim, the Panel finds that the State party has failed to provide sufficient evidence to substantiate the claim for the alleged loss of profits. the person must specify the conditions for granting him or her such a licence, including the extent of use of the invention, the useful model or the industrial design, the amount, manner and timing of payment. If the patent holder does not prove that the non-use or underutilization of the invention, the useful model or the industrial design is due to valid reasons, the court shall accept The decision on the granting of the licence specified by the vazac of the first paragraph and the conditions for granting it shall be set by the court at the same time as the total amount of the payment for such licence. The enforcement of a simple (non-exclusive) licence may be terminated by a court of law on the patent holder ' s claim if the situation In this case, the court shall establish a period of time and procedure for terminating the compulsory simple licence. In accordance with the rules of this paragraph, the granting of a compulsory, simple (non-exclusive) enforcement licence Invention relating to semiconductor technology is permitted only for non-profit use in the public, public and other public interest or for disuse 2. If the patent holder is unable to use the invention, which it has an exclusive right, without prejudice to the rights of the holder of another patent (first patent) to an invention or a useful model that has refused to enter into a licence contract for The holder of the patent (second patent) has the right to sue the holder of the first patent for compulsory simple (non-claim) in accordance with established practice. In the Russian Federation, a licence to use an invention or a useful model of the holder of the first patent must be specified in the claim submitted by the holder of the first patent. The second patent requires the granting of such a licence, including the extent to which the invention or the useful model has been used, the amount, manner and timing of the payment. a healthy right to such a dependent invention will prove that it is an important technological achievement and has significant economic advantages over an invention or a useful model The first patent holder, the court decides to grant him a compulsory, simple (non-exclusive) licence. The total amount of payment for compulsory simple (non-exclusive) licence must be set in re. In the event of a compulsory, simple (non-exclusive) licence being granted under this paragraph, the holder of the licence shall not be less than the price of the licence determined in comparable circumstances. A patent for an invention or a useful model granted under a given licence is also entitled to a simple (non-exclusive) licence to use. 3. On the basis of a decision of a court of law, the administration of a dependent invention for which a compulsory, simple (non-exclusive) licence has been issued, subject to conditions consistent with established practice. Under paragraphs 1 and 2 of the present article, the federal intellectual property authority shall keep a public record of the granting and termination of the right of use Inventing an invention, a useful model or an industrial model under a compulsory, simple (non-exclusive) licence.