Article 1368. The Open Licence for an Invention, Utility Model or Industrial Design

1. The holder of a patent may file an application with the federal executive governmental body charged with intellectual property matters on the possibility of granting to any person the right to use the invention, utility model or industrial design (open licence). In this case, the rate of patent duty for keeping the patent for the invention, utility model or industrial design in effect shall be cut by 50 per cent starting from the year following the year of publication by the federal executive governmental body charged with intellectual property matters of information on the open licence. The licence terms on which a right to use the invention, utility model or industrial design may be granted to any person shall be announced by the patent holder to the federal executive governmental body charged with intellectual property matters which shall publish on the patent holder's account relevant information on the open licence. The patent holder shall conclude a licence contract on the terms of a simple (non-exclusive) licence with a person expressing his/its will to use the said invention, utility model or industrial design.

2. If within two years after the publication of information about the open licence has not received offers in writing to conclude a licence contract on the terms comprised by his/its application, then upon the expiry of two years he/it may file a petition with the federal executive governmental body charged with intellectual property matters withdrawing his/its open licence application. In this case, a patent duty for keeping the patent in effect shall be additionally paid for the period that has elapsed since the publication of information on the open licence, and henceforth it shall be payable in full. The said federal body shall publish information on the withdrawal of the application in the gazette.

Article 1369. The Form and State Registration of Contracts of Disposing of the Exclusive Right to an Invention, Utility Model and Industrial Design A contract of alienation of a patent, a licence contract, and also the other contracts whereby one disposes of the exclusive right to an invention, utility model or industrial design shall be concluded in writing and shall be subject to state registration with the federal executive governmental body charged with intellectual property matters.

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