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Art. 40e

232.14PatAFederal ActJan 1, 1956Original source
  1. The licences provided for in Articles 36–40d are granted only if efforts by the applicant to obtain a contractual licence on appropriate market terms within a reasonable period of time have been unsuccessful; in the case of a licence in accordance with Article 40d , a period of 30 working days is regarded as reasonable.1Such efforts are not required in situations of national emergency or other circumstances of extreme urgency or in cases of public non-commercial use.
  2. The scope and term of the licence are limited to the purpose for which it has been granted.
  3. The licence may only be transferred with that part of the enterprise which uses the licence. This also applies to sub-licences.
  4. The licence is primarily granted for supplying the domestic market. Article 40d remains reserved.
  5. The proprietor of the patent has the right to appropriate remuneration. In assessing the remuneration, the circumstances of the individual case and the economic value of the licence are taken into account. In the case of a licence under Article 40d , the remuneration is determined by taking into account the economic value of the licence in the importing country, its level of development and the urgency in public health and humanitarian terms. The Federal Council shall specify the method of calculation.
  6. The court shall decide on the grant and revocation of licences, on their scope and duration as well as on the remuneration payable. In particular, it shall revoke an entitled person’s licence on request if the circumstances that led to its being granted no longer apply and it is not expected that they will arise again. Appropriate protection of the legal interests of the entitled person remains reserved. Where a licence is granted under Article 40d , legal remedies have no suspensive effect.

Footnotes

  1. Amended by No I 6 of the FA of 22 Dec. 2023 on the Introduction of a Simplified Procedure for Destroying Small Consignments in Intellectual Property Law, in force since 1 July 2025 (AS 2025 313;BBl 2023 1184). ↩

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