(7)
24.
The authorization shall not exclude (a)
the conclusion of licence contracts by the owner of the patent; or
(b)
the continued exercise, by the owner of the patent, of his rights under
section 21; or
(c)
the issuance of a non-voluntary licence under section 24.
(8)
Where a third person has been authorised by the competent authority, the
authorization may only be transferred with the enterprise or business of that
person or with the part of the enterprise or business within which the patented
invention is being exploited.
(9)
Upon a request of the owner of the patent, or the Government agency or of the third
person authorized to exploit the patented invention, the competent authority may,
after hearing the parties, whenever necessary, vary the terms of the decision
authorizing the exploitation of the patented invention to the extent that any
change in circumstances justifies such variation.
(10)
Upon the request of the owner of the patent, the competent authority shall
terminate the authorization if he is satisfied, after hearing the parties, whenever
necessary, that the circumstances which led to the decision have ceased to exist
and are unlikely to recur or that the Government agency or third person authorised
has failed to comply with the terms of the decision.
(11)
Notwithstanding subsection (10), the competent authority shall not terminate the
authorization where he is satisfied that the need for adequate protection of the
legitimate interests of the Government agency or third person authorised, justifies
the maintenance of the decision.
(12)
The decision of the competent authority under this section shall be subject to
review by the Supreme Court.
Non-voluntary licences
(1)
Upon request made to the Controller after the expiration of a period of 4 years
from the date of filing of the patent application or 3 years from the date of the
grant of the patent, whichever period expires last, the Controller may issue a nonvoluntary 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 Mauritius.
(2)
Notwithstanding subsection (1), a non-voluntary licence shall not be issued if the
owner of the patent satisfies the Controller that circumstances exist which justify
the non-exploitation or insufficient exploitation of the patented invention in
Mauritius.
(3)
The decision issuing the non-voluntary licence shall fix –
(a)
the scope and the function of the licence;
(b)
the time limit within which the licensee must begin to exploit the patented
invention; and
(c)
the amount of the adequate remuneration to be paid
patent and the conditions of payment..
to the owner of the