(12) The exploitation of an invention in the field of semi-conductor technology shall only
be authorized for public non-commercial use or where a judicial or administrative body
has determined that the manner of exploitation of the patented invention, by the owner of
the patent or the owner’s licensee, is anti-competitive and if the Minister is satisfied that
the issuance of the non-voluntary licence would remedy the practice.
(13) A person aggrieved by the Minister's decision under this section may appeal to the
court.
Section 14—Non-Voluntary Licences.
(1) On a request, made to the court after the expiration of a period of four years from the
date of filing of the patent application or three years from the date of the grant of the
patent, whichever period expires last, the court may issue a non-voluntary licence if the
court is satisfied that the patented invention is not exploited or is insufficiently exploited,
by working the invention locally or by importation, in the country.
(2) Notwithstanding subsection (1), a non-voluntary licence shall not be issued if the
owner of the patent satisfies the court that circumstances exist which justify the nonexploitation or insufficient exploitation of the patented invention in the country.
(3) The decision for issuing the non-voluntary licence shall specify
(a) the scope and function of the licence,
(b) the time limit within which the licensee shall begin to exploit the patented invention,
and
(c) the adequate remuneration to be paid to the owner of the patent and the conditions of
payment.
(4) The beneficiary of the non-voluntary licence may
(a) exploit the patented invention in the country according to the terms specified in the
decision issuing the licence, or
(b) commence the exploitation of the patented invention within the time limit specified in
the decision, and
(c) exploit the patented invention sufficiently.
(5) Where