(3) Upon request of the right holder or of the beneficiary of the authorization, the Minister may, after
hearing the parties, if either or both wish to be heard, vary the terms of the decision authorizing the
exploitation of the layout‐design to the extent that changed circumstances justify the variation.
(4) Upon the request of the right holder, the Minister shall terminate the non‐voluntary licence if the
Minister is satisfied that the circumstances which led to the Minister's decision have ceased to exist and
are unlikely to recur or that the beneficiary of the authorization has failed to comply with the terms of
the authorization.
(5) Notwithstanding subsection (4), the Minister shall not terminate an authorization if the Minister is
satisfied that adequate protection of the legitimate interests of the beneficiary of the authorization
justifies the maintenance of the authorization.
(6) Where a third persons is designated by the Minister in accordance with subsection (1), the
authorization may only be transferred with the enterprise or business of the beneficiary of the
authorization or with the part of the enterprise or business within which the layout‐design is being
exploited.
(7) A request for the Minister's authorization shall be supported by evidence that the right holder has
received, from the person seeking authorization, a request for a contractual licence but that, that
person has been unable to obtain the licence on reasonable commercial terms and conditions and
within a reasonable time.
(8) Any decision of the Minister under this section is subject to an appeal to the Court.
Section 17—Exercise of Discretionary Powers
The Registrar shall, in exercising a discretionary power conferred by this Act comply with the provisions
of article 296 of the Constitution.