Section 16—Exploitation by a Government Agency or third Person
(1) Where
(a) the public interest, in particular, national security, nutrition, health or the development or other vital
sectors of the national economy requires the exploitation of a protected layout‐design for public non‐
commercial use, or
(b) a judicial or administrative body has determined that the manner of exploitation of a protected
layout‐design, by the right holder or the right holder's licensee, is anti‐competitive and the Minister is
satisfied that the exploitation of the layout‐design in accordance with this section would remedy that
practice,
the Minister may decide that, without the authorization of the right holder, a Government agency or a
third person designated by the Minister may exploit the layout‐design.
(2) The exploitation of a layout‐design under subsection (1) shall be
(a) limited, in scope and duration, to the purpose for which it was authorized;
(b) predominantly for the supply of the domestic market;
(c) non‐exclusive; and
(d) subject to the payment to the right holder of an adequate remuneration taking into account the
economic value of the Minister's authorization, as determined in the Minister's decision and, where
applicable, the need to correct anti‐competitive practices.