The application for a compulsory licence is made to the judicial court: it must be accompanied by proof that the applicant has been unable to obtain a licence to exploit the patent from the patent owner and that he is in a position to exploit the invention in a serious and effective manner.
The compulsory licence is granted on specified conditions, in particular as regards its duration, scope and the amount of royalties to which it gives rise.
These conditions may be modified by court order, at the request of the owner or the licensee.