Page:United States Statutes at Large Volume 105 Part 3.djvu/711

 PROCLAMATION 6307—JUNE 24, 1991 105 STAT. 2595 The owner of a patent, or of a pending application, for a product satisfying the conditions set forth above shall have the right to submit a copy of the patent or provide notification of the existence of a pending application with the other Party, to the Party providing transitional protection. These submissions and notifications shall take place any time after the signing of this Agreement and the exchange of letters and before the implementation of the new Bulgarian patent law. This period, however, shall not be less than nine months. In the case of a pending application, the applicant shall notify the competent Bulgarian authorities of the issuance of a patent based on his application within six months of the date of grant by the other Party. The Party providing transitional protection shall limit the right to make, use, or sell the product in its territory to such owner for a term to expire with that of the patent submitted. (vi) Compulsory Licenses (1) Each Party may limit the patent owner's exclusive rights through compulsory licenses but only: (A) to remedy an adjudicated violation of competition laws; (B) to address, only during its existence, a declared national emergency; (C) to address a failure to meet the reasonable demands of the domestic market, however importation shall constitute a means of meeting the demands of the domestic market; and (D) to enable compliance with national air pollutant standards, where compulsory licenses are essential to such compliance. (2) Where the law of a Party allows for the grant of compulsory licenses, such licenses shall be granted in a maimer which minimizes distortions of trade, and the following provisions shall be respected: (A) Compulsory licenses shall be non-exclusive and non-assignable except with that part of the enterprise which exploits such license. (B) The payment of remuneration to the patent owner adequate to compensate the patent owner fully for the license shall be required, except for compulsory licenses to remedy adjudicated violations of competition laws. (C) Each case involving the possible grant of a compulsory license shall be considered on its individual merits. (D) Any compulsory license shall be revoked when the circumstances which led to its granting cease to exist, taking into account the legitimate interests of the patent owner and of the licensee. The continued existence of these circumstances shall be reviewed upon request of the right-holder. (E) Judicial review shall be available for: 1. decisions to grant compulsory licenses, except in the instance of a declared national emergency, 2. decisions to continue compulsory licenses, and

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