Collection of Laws for Electronic Access
YH
MAURITIUS
Exploitation by a Government Agency or Third Person
17.—(1) Where the competent authority—
(a) is satisfied that the public interest, in particular, national security, nutrition, health
or the development of other vital sectors of the national economy requires the exploitation of
a protected layout-design for public non-commercial use; or
(b) has, on an application of any party, determined that the manner of exploitation of a
protected layout-design, by the right holder or his licensee, is anti-competitive; and after such
determination, the competent authority is satisfied that it is necessary to remedy such
anti-competitive practice,
it may, upon a request made, even without the authorisation of the right holder, authorise a
Government agency or a third person to exploit the layout-design.
(2) The exploitation of the layout-design under subsection (1) shall be—
(a) limited in scope and duration, to the purpose for which it was authorised;
(b) non-exclusive; and
(c) subject to the payment, to the right holder, of an adequate remuneration which takes
into account the economic value of the authorisation of the competent authority and, where
applicable, the need to correct anti-competitive practices.
(3) Upon request of the right holder or of the beneficiary of the authorisation, the
competent authority may, after hearing the parties, vary the terms of the decision authorising
the exploitation of the layout-design to the extent that changed circumstances justify such
variation.
(4) Upon the request of the right holder, the competent authority shall terminate the
non-voluntary licence where he is satisfied that the circumstances which led to his decision
have ceased to exist and are unlikely to recur or that the beneficiary of the authorisation has
failed to comply with the terms of the authorisation.
(5) Notwithstanding subsection (4), the competent authority shall not terminate an
authorisation where he is satisfied that the adequate protection of the legitimate interests of
the beneficiary of the authorisation justifies the maintenance of the authorisation.
(6) Where a third person has been designated by the competent authority in accordance
with subsection (1), the authorisation may only be transferred with the enterprise or business
of the beneficiary of the authorisation or with the part of the enterprise or business within
which the layout-design is being exploited.
(7) A request for the authorisation of the competent authority shall be accompanied by
evidence that the right holder has received, from the person seeking the authorisation, a
request for a contractual licence but that person has been unable to obtain such a licence on
reasonable commercial terms and conditions and within a reasonable time.
MU004EN
Integrated Circuits, Act, 08/08/2002, No. 24
page 9/10