Article 133
(1) Compulsory license is not exclusive but compulsory licenses granted on the grounds of public interest may be exclusive. Compulsory license shall be granted under certain conditions by taking into account time, fee and usage area. The court considers the economic value of patent in determining the fee of patent. While fee is determined in compulsory licenses to be granted as per subparagraph (ç) of first paragraph of
Article 129, the economic value of such a use in terms of importing country shall be taken into consideration by means of considering non-commercial and humanitarian purposes.
(2) In case of a compulsory license, the licensee has no right to give sub-license and import the subject of patent. However, the subject of patent can be imported in compulsory license granted because of public interest if licensee is explicitly authorized for importation due to public interest. This import permit shall be granted for a limited need and a temporary time.
(3) If trust relationship between patent owner and licensee is violated by the patentee by the reason of compulsory license, licensee may request a discount from the license fee what patent holder may request according to the effect of violation in the assessment of the invention.