Publication: Magyar Közlöny
Issue: MK-2002-155 (Year: 2002, Number: 155)
Era: 1990-2004
Section: 2002. évi L. törvény 4. §-ának (1) bekezdésében kapott
Paragraph Index: 883

(3) The deposited biological material shall be available upon request to any person from the date of publication of the European patent application and to any person having the right to inspect the files pursuant to Article 128, paragraph 2, prior to that date. Subject to paragraph 4, such availability shall be effected by the issue of a sample of the biological material to the person making the request (hereinafter referred to as „the requester”). Said issue shall be made only if the requester has undertaken vis-a-vis the applicant for or proprietor of the patent not to make the biological material or any biological material derived therefrom available to any third party and to use that material for experimental purposes only, until such time as the patent application is refused or withdrawn or deemed to be withdrawn, or before the expiry of the patent in the designated State in which it last expires, unless the applicant for or proprietor of the patent expressly waives such an undertaking. The undertaking to use the biological material for experimental purposes only shall not apply in so far as the requester is using that material under a compulsory licence. The term „compulsory licence” shall be construed as including ex officio licences and the right to use patented inventions in the public interest.

Source: https://magyarkozlony.hu/hivatalos-lapok/f74988118f8df7ff704a2eedcc66c348a3c8df89/dokumentumok/4cabca8b05361a686699a81f1b4c0421bec6bb04/letoltes