Contents
Article 9Remuneration#
1.The licensee shall pay an adequate remuneration to the right holder. The Commission shall determine the amount of that remuneration and the timeframe within which it is to be paid.
2.When determining the amount of the adequate remuneration, the Commission shall take into account the economic value of the relevant activities authorised under the Union compulsory licence, as well as the circumstances of each case, such as any public support received to develop the protected invention. The Commission shall also take into account the opinion of the competent advisory body and any comments received under Article 7(6), point (c).
3.If a published patent application in respect of which a Union compulsory licence has been granted does not lead to the granting of a patent, the right holder shall refund to the licensee the remuneration paid under this Article.This paragraph shall apply mutatis mutandis to published applications for utility models.
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