decision, and where a decision has been taken under subsection (1) (b), the need to
correct anti-competitive practices.
(3) The Minister shall take a decision after hearing the owner of the patent and any
interested person if that person wishes to be heard.
(4) Upon a request of the owner of the patent, of the Government agency or of the third
person authorized 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 authorizing the
exploitation of the patented invention to the extent that changed circumstances justify the
variation.
(5) Upon the request of the owner of the patent, the Minister shall terminate the
authorization if the Minister is satisfied, after hearing the parties, if either or both wish to
be heard, that the circumstances which led to the Minister's decision have ceased to exist
and are unlikely to recur or that the Government agency or third person designated by the
Minister has failed to comply with the terms of the decision.
(6) Notwithstanding subsection (5), the Minister shall not terminate the authorization if
the Minister is satisfied that the need for adequate protection of the legitimate interests of
the Government agency or third person designated by the Minister justifies the
maintenance of the decision.
(7) Where a third person has been designated by the Minister, 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.
(8) 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 the owner's rights under section
11 (2).
(9) A request for the Minister's authorization shall be accompanied with evidence that the
owner of the patent has received, from the person seeking the 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.
(10) Subsection (9) does not apply in cases of national emergency or other circumstances
of extreme urgency but in such cases, the Registrar shall notify the owner of the patent of
the Minister's decision as soon as reasonably practicable.
(11) The exploitation of the invention by the Government agency or third person
designated by the Minister shall be predominantly for the supply of the market in the
country.