U.S.-Jordan Free Trade Agreement



20. Neither Party shall permit the use of the subject matter of a patent without the authorization of the right holder except in the following circumstances:

  1. to remedy a practice determined after judicial or administrative process to be anti-competitive;
  2. in cases of public non-commercial use or in the case of a national emergency or other circumstances of extreme urgency, provided that such use is limited to use by government entities or legal entities acting under the authority of a government; or
  3. on the ground of failure to meet working requirements, provided that importation shall constitute working.

Where the law of a Party allows for such use pursuant to sub-paragraphs (a), (b) or (c), the Party shall respect the provisions of Article 31 of TRIPS and Article 5A(4) of the Paris Convention.

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