Patent Act Article 88

Procedure and decision of compulsory licensingAfter receiving a request for compulsory licensing filed pursuant to Paragraph 2 of the preceding Article or Article 90, the Specific Patent Agency shall notify and require the patentee concerned to respond within a specified time period. If no response is made within the specified time period, the Specific Patent Agency may then proceed to the examination of the compulsory licensing request.Exploitation of a compulsory license shall be predominantly for the supply of the domestic market. The above shall not apply to the compulsory license granted pursuant to Subparagraph 3, Paragraph 2 of the preceding Article.The decision on a request for a compulsory license shall be made in writing and shall indicate the reasons, scope, duration, and the required remuneration.Granting of compulsory licensing shall not affect the exercise of patent right by the patentee concerned.The right(s) granted under a compulsory license shall not be assigned, entrusted, inherited, licensed or pledged except for any of the following conditions:1. where a compulsory license is granted pursuant to Subparagraph 1 or Subparagraph 3, Paragraph 2 of the preceding Article and is assigned, entrusted, inherited, licensed or pledged with the business involving the exploitation of the patent; or2. where a compulsory license is granted pursuant to Subparagraph 2 of Paragraph 2 or Paragraph 5 of the preceding Article and is assigned, entrusted, inherited, licensed, or pledged with the patent right of the licensee.