Union européenne

Bahreïn, Royaume de

Brevets (y compris la protection des variétés végétales)

35. Please explain how your legislation explicitly ensures that a proposed user has made efforts to obtain authorization from the right holder on reasonable commercial terms and conditions and that such efforts have not been successful within a reasonable period of time. In this context, how do you define "reasonable period of time". Please also explain how your legislation ensures that the use of a compulsory licence shall be authorised predominantly for the supply to the domestic market of the Member authorizing such use.

This will be for the Minister to consider on a case-by-case basis as stipulated under Article 25(a). His decision is subject to review by the court. By virtue of Articles 24 and 25 of the draft Law on Patents and Utility Models, the draft Law provides that except where a compulsory licence is granted to remedy an anti-competitive practice or in cases of national emergency or other circumstances of extreme urgency or for public noncommercial use, the proposed user must have made reasonable efforts to obtain a licence from the patent holder on reasonable commercial terms and conditions, and that such efforts have not been successful within a reasonable period of time. The draft Law does not define "reasonable time", as is the case with the TRIPS Agreement. It was not considered appropriate to provide such a definition and instead it was decided to leave this matter to be determined on a case by case basis depending on the relevant circumstances peculiar to the application.