8. On hearing an application for a compulsory licence, the court shall first decide whether a compulsory licence
may be granted and shall then, if it decides in favour of the grant and the parties cannot agree on the terms,
proceed to fix the terms (including adequate royalties having regard extent to which the relevant invention is to
be worked which shall be deemed to constitute a valid contract between the parties.
9. On the application of the patentee, the court may cancel a compulsory licence if(a) the licensee fails to comply with the terms of the licence; or
(b) the conditions which justified the grant of the licence have ceased to exist, so however that in the
latter case a reasonable time shall be given to the licensee to cease working the relevant invention if
an immediate cessation would cause him to suffer substantial damage.
10. On the application of the patentee or licensee, the court may vary the terms of a compulsory licence if new
facts justify the variation, and in particular (without prejudice to the generality of the foregoing) if the patentee
has granted contractual licences on more favourable terms.
11. Where the court grants, cancels or varies the terms of a compulsory licence(a) the proper officer of the court shall inform the Registrar, who shall register the grant, cancellation or
variation without fee; and
(b) the grant, cancellation or variation shall have no effect as against third parties until it has been
registered.
12. A representative of the Minister shall have the right to appear and be heard at the hearing of an application
for a compulsory licence.
13. The Minister by order in the Federal Gazette may provide that, for certain patented products and processes
(or for certain categories thereof) declared by the order to be of vital importance for the defence or the economy
of Nigeria or for public health, compulsory licences may be granted before the expiration of the period
mentioned in paragraph 1 above and may permit importation.
14. For the purposes of this Part, references to the working of a patented invention are to be construed as
references to(a) the manufacture of a patented article; or
(b) the application of a patented process; or
(c) the use in manufacture of a patented machine,
by an effective and serious establishment existing in Nigeria on a scale which is adequate and
reasonable in the circumstances.
Part II
Use of Patents for service of government agencies
15. Notwithstanding anything in this Act, where a Minister is satisfied that it is in the public interest to do so, he
may authorise any person to purchase, make, exercise or vend any patented article or invention for the service of
a government agency in the Federal Republic.
16. The authority of a Minister under paragraph 15 of this Schedule may be given(a) before or after the relevant patent has been granted;
(b) before or after the doing of the acts in respect of which the authority is given; and