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Article 136 - The request for change in conditions and cancellation of compulsory license

Turkish Industrial Property Code (Law No. 6769)
Article 136

The request for change in conditions and cancellation of compulsory license


Article 136

(1) The licensee or patent holder, after the compulsory license is granted, may request the court to make change in the compulsory license fee or conditions based on events that occur later and justify to make change such as granting the license subject to contract under more favourable terms according to the compulsory license.
(2) In the event that the licensee seriously infringes or fails to fulfil continuously its obligations arising from compulsory license, the court may cancel the license upon the request of the patent owner, without prejudice to right to compensation of patent owner.
(3) In the event that conditions caused to granting of the compulsory license end and the possibility of repeating disappears, the court cancels the compulsory license upon request.


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