หน้าแรก บทความ กฏหมาย(English) PATENT : Protection of Layout-Designs Chapter 5 Compulsory License to Exercise Rights in Layout-Design
Chapter 5 Compulsory License to Exercise Rights in Layout-Design PDF พิมพ์ อีเมล

Chapter 5 Compulsory License to Exercise Rights in Layout-Design

Section 32 At any time after the expiration of three years as from the date of the registration and issuance of a layout-design certificate, any persons may apply to the Director General for a license to exercise the rights in the layout-design conferred to the right holder under section 22, provided that the right holder exercises his rights in the manner of restricting or preventing competition under the law on trade competition.

In applying for the license under paragraph one, the applicant must prove that he has made an effort to obtain the license from the right holder having proposed the terms and remuneration reasonably sufficient under the circumstance of the case in accordance with the rules, procedures and conditions prescribed in the Ministerial Regulation but no agreement can be reached within a reasonable period.

Section 33 When the Director General has made an order relating to the application for the license filed under section 32, the applicant, the right holder or the licensee may appeal to the Board against the order within ninety days as from the date of the receipt of the notification thereof. The appeal shall be in accordance with the rules and procedures prescribed in the Ministerial Regulation.

When the Board has made a decision on the appeal under paragraph one, the decision together with reasons shall be notified to the parties concerned without delay.

The applicant, the right holder or the licensee who disagrees with the Board’s decision shall have a right to bring the case to the Court within ninety days as from the date of the receipt of the notification thereof. In the absence of instituting an action within the prescribed period, the decision of the Board shall be deemed final.

Section 34 For the necessity of national defense, maintenance of national security, maintenance of safety, health or environment, or for other public non-commercial interests, the state agency, state enterprise, local government organisation or other state authority which is a juristic person may apply for authorisation of the use of any of the rights in layout-design under section 22 by itself or entrusting other person to use such right.

In exercising the rights under paragraph one, the agency applying for the license shall pay an equitable remuneration to the right holder or licensee under section 24 and the Director General shall notify the right holder or licensee in writing without delay.

In applying for the license under paragraph one, the agency applying for the license shall file an application with the Director General for the proposal of remuneration and terms for exercising the rights. If the right holder or the licensee disagrees with the amount of the remuneration, the right holder or the licensee shall have a right to appeal to the Board within ninety days as from the date of the receipt of the notification thereof. The appeal shall be in accordance with the rules and procedures prescribed in the Ministerial Regulation.

When the Board has made a decision, its decision shall be deemed final.

Section 35 In the state of war or emergency for the necessity of national defense and maintenance of national security, the Prime Minister with the approval of the Council of the Ministers shall have a power to issue an order to exercise any right in a layout-design upon paying an equitable remuneration to the right holder or licensee and shall notify the right holder or licensee in writing without delay.

If the right holder or licensee disagrees with the amount of the remuneration, the right holder or licensee shall have a right to appeal to the Board within ninety days as from the date of the receipt of the notification thereof. The appeal shall be in accordance with the rules and procedures prescribed in the Ministerial Regulation.

When the Board has made a decision, its decision shall be deemed final.

Section 36 The authorisation to exercise rights in this Chapter shall not prejudice the right holder’s rights to exercise his rights or to grant a license to other person to exercise such rights and the person to whom the license is granted may not grant a license to other person to exercise the authorised rights.

Section 37 In the case where the circumstance has changed from the time of having authorised the exercise of rights under this Chapter, the right owner or licensee under section 24 may file an application with the Director General for amending the prescribed term to be complied with by the authorised person.

In the case where it appears that the reason for the authorisation to exercise

rights have ceased to exist and is not likely to recur and the cancellation of the authorisation to exercise rights does not unreasonably affect the rights or interests of the person authorised to exercise the rights or in the case where it appears that the person authorised to exercise the rights does not comply with the prescribed terms, the right holder or licensee under section 24 may file an application with the Director General for cancellation of the authorisation.

The application for amending the term under paragraph one or canceling the authorisation to exercise rights under paragraph two shall be in accordance with the rules and procedures prescribed in the Ministerial Regulation.

Section 38 The right holder or licensee may appeal to the Board against the Director General’s decision under section 37 within ninety days as from the date of the receipt of the notification thereof. The appeal shall be in accordance with the rules and procedures prescribed in the Ministerial Regulation.

The right holder or licensee who disagrees with the Board’s decision shall have a right to bring the case to the Court within ninety days as from the date of the receipt of the notification thereof. In the absence of instituting an action within the prescribed period, the Board’s decision shall be deemed final.
 

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         กรมทรัพย์สินทางปัญญา
        
         ศาลทรัพย์สินทางปัญญา  
          
         Motion Picture Association

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