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LICENCE The object of the Industrial property can be licensed. Concerning the Patents and the Utility models we define 3 kinds of licences. - Licence by law (license readiness) The licence by law, article 30 of the Patent law presents when the invention by the applicant's application or the owner of the Patent on condition that he hasn't granted the Exclusive licence for the invention, it is offered for public use. The benefit of the Applicant is that he pays 50% of the Government fees. When it is a Contract licence the Applicant of the Owner of the Patent he himself negotiates the terms of the Licence Contract. Bulgaria is a member of the Madrid Agreement and in the Bulgarian law for the protection of the Industrial property is made provision for such texts for Compulsory licence. The Compulsory licence is visaged in article 32. It is envisaged for Patents of Inventions and Patent for Utility Models. Every person who is interested in can require from the Patent Office to represent, in his favour, Compulsory licence for the use of the protected invention by Patent, if one of the following conditions are presenting: - The invention hasn't been used during a period of four years since
the application for the Patent, was filed, or three years since the Patent
was issued, and the term expiration which expires later is used. The applicant for getting the Compulsory licence has to demonstrate that he is able to use the invention in the period of the wanted Compulsory licence. The Compulsory licence can be presented in favour of the Patent owner, whose invention is included in the other patent, if its Owner denies to represent the licence under fair conditions. The Compulsory licence can be terminated if the receiver, in a period of one year since it is devaluated, hasn't made any efforts or preparation for the use of the invention. At all events the Compulsory licence is terminated, if in two years period since its presentation granted, the receiver hasn't begun to use the invention. The Compulsory licence is not granted in favour of infringers of the Patent. The Law for the Trademarks and Geographical indications envisages the Contract Licence. For Industrial Designs a Contract Licence can be contracted and to be applied the Compulsory Licence. If the public interest necessitates the Industrial Designs to be used (applied), but the Owner of the issued certificate of the Model does not agree, the respective ministry on the basis of a motivate application, can permit Compulsory Licence. A document for the necessity of the Licence issued by the respective Office is enclosed to the application. Till now there is no any case of implementing the institute of Compulsory Licence.
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