(3)
[Non-Voluntary Licenses;
Antitrust Measures] (a)
Notwithstanding
paragraph (1), any Contracting Party may, in its legislation, provide for the
possibility of its executive or judicial authority
(i) granting a non-exclusive license for the performance of any of
the acts referred to in paragraph (1) by a third party without the
authorization of the holder of the right [after serious and unsuccessful
efforts to obtain such authorization] ("non-voluntary license") where the
granting of the non-voluntary license is found, by the granting authority, to
be necessary (Alternative A: in the public interest] [Alternative B: to
prevent any abuse, by the holder of the right, of his rights, or to safeguard
public health or public safety]; the non-voluntary license shall be subject
to the payment of an equitable remuneration by the third party to the holder
of the right, which remuneration shall, in the absence of agreement between
the third party and the holder of the right, be fixed by the granting
authority;
(ii) deciding any measure limiting any of the rights of the holder of
the right on the ground that the latter has violated legislation designed to
secure free competition and to prevent abuses of dominant market position.
(b) The granting of any non-voluntary license, and the deciding of any
measure, referred to in subparagraph (a) shall be subject to judicial review.
Any such license or measure shall [Alternative C: cease to have effect]
[Alternative D: be revoked] when the facts that justify it cease to exist.