(1)
Where the competent authority(a)
is
satisfied
that
the
public
interest
including,
national
security,
nutrition, health or the development of other vital sectors of the national
economy so requires; or
(b)
has, on the application of any party, determined that the manner of
exploitation, by the owner of the patent or his licensee, is anti-competitive
and that it is necessary to remedy such anti-competitive practice;
it may, upon a request being made, authorise, even without the agreement of the
owner of the patent, authorise a Government agency or a third person to exploit the
patented invention.
(2)
The exploitation of the patented invention shall be limited to the purpose for
which it was authorized and shall be subject to the payment, to the owner, of an
adequate compensation.
(3)
For the purposes of a decision under subsection (1) the competent authority shall
take (a)
into account the economic value of the authorization, as determined in the
said decision, and where a decision has been taken under subsection (1)(b),
the need to correct anti-competitive practices; and
(b)
his
decision
after
hearing
the
owner
of
the
patent
and
any
interested
person, whenever necessary.
(4)
A request for the authorization under subsection (1) shall be accompanied by
evidence that the owner of the patent has received, from the person seeking the
authorization, a request for a contractual licence, but that the latter has been
unable to obtain such a licence on reasonable commercial terms and conditions and
within a reasonable time.
(5)
Subsection (4) shall not apply in cases of(a)
national
emergency
or
other
circumstances
of
extreme
urgency
provided,
however, that in such cases the owner of the patent shall be notified of the
competent authority's decision as soon as reasonably practicable;
(b)
public non-commercial use; and
(c)
anti-competitive practices determined as such by the competent authority in
accordance with subsection (1)(b).
(6)
The exploitation of a patented invention in the field of semi-conductor technology
by a person other than the owner, shall only be authorized - .
(a)
where the competent authority has determined that the manner of exploitation
of the patented invention, by the owner of the patent or his licensee, is
anti-competitive and is satisfied that the issuance of the non-voluntary
licence would remedy such practice; or
(b)
for public non-commercial use.