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2012
(b) � public non-commercial use; and
(c) � anti-competitive practices determined as
such by the Registrar.
(6) The exploitation of a patented invention in the field of
semi-conductor technology shall only be authorised either for public
non-commercial use or where the Registrar determines that the manner
of exploitation of the patented invention by the owner of the patent
or his licensee, is anti-competitive and if the Minister is satisfied that
the issuance of the non-voluntary licence would remedy such
practice.
(7) � The authorisation shall not exclude (a) � the conclusion of licence contracts by the
owner of the patent;
(b) � the continued exercise, by the owner of the
patent, of his right under this Act; or
(c) � the issuance of a non-voluntary licence.
(8) Where a third person has been designated by the
Minister, the authorisation may only be transferred with the enterprise
or business of that person or with the part of the enterprise or business
within which the patent invention is being exploited.
(9) Where the exploitation of the invention by a
Government agency or third person designated by the Minister is
authorised under paragraph (a) of subsection (1), it shall be
predominantly for the supply of the market in Sierra Leone.
(10) Upon request of the owner of the patent, the
Government agency or of the third person authorised to exploit the
patented invention, the Minister may, after hearing the parties, if
either or both wish to be heard, vary the terms of the decision
authorising the exploitation of the patented invention to the extent
that changed circumstances justify such variation.
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Patents and Industrial Designs Act
2012
(11) Upon request of the owner of the patent, the Minister
may terminate the authorisation if he is satisfied after hearing the
parties, that the circumstances which led to his decision have ceased
to exist and are unlikely to recur or that the Government agency or
third person designated by him has failed to comply with the terms of
the decision.
(12) Notwithstanding subsection (10), the Minister shall
not terminate the authorisation if he is satisfied that the need for
adequate protection of the legitimate interests of the Government
agency or third person designated by him justifies the maintenance
of the decision.
(13) Any person aggrieved by a decision of the Minister
under this section may appeal to the Court.
27. (1) On a request made to the Registrar after the expiration Nonof a period of four years from the date of filing of a patent application voluntary
or three years from the date of the grant of the patent, whichever licences.
period expires last, the Registrar may issue a non-voluntary licence if
he is satisfied that the patented invention is not exploited or is
insufficiently exploited, by working the invention locally or by
importation, in Sierra Leone.
(2) Notwithstanding subsection (1), a non-voluntary
licence shall not be issued if the owner of the patent satisfies the
Registrar that circumstances exist which justifies the non-exploitation
or insufficient exploitation of the patented invention in Sierra Leone.
(3) � A non-voluntary licence shall include (a) � the scope and function of the licence;
(b) � the time limit within which the licensee must
begin to exploit the patented invention; and
(c) � the remuneration to be paid to the owner of
the patent and the conditions of payment.
(4) The beneficiary of a non-voluntary licence may exploit the
patented invention in Sierra Leone according to the terms and time
limit set out in the licence, and, thereafter, shall exploit the patented
invention sufficiently.
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