- 11-
on payment of the prescribed surcharge, If an annual fee is not paid in
accordance with the provisions of this subsection, the patent application shall
be deemed to have been withdrawn or the patent shall lapse
Exploitation bv
Govcrumcm or
Person thcrcbx
19(1) Where
Authorized
(i)
the public Interest, ill particular, national security, nuuirion,
health or the development of other vital sectors of the national
economy so requires, or
(ii)
the (name of the competent judicial or administrative body to
be inserted) has determined that the manner ofexploitation, by
the owner of the patent or his licensee, is anti-competitive, and
the Minister is satisfied that the exploitation of the invention
in accordance with this subsection would remedy such
practice,
the Director-General may decide that, even without the agreement of the
owner ofthe patent, a Government agency or a third person designated by the
Minister may exploit a patented invention
(2) The exploitation of the patented invention shall be limited to rhe
purpose for which il was authorized and shall be subject to the payment to the
said owner of an adequate remuneration therefor, taking into account the
economic value of the Director General's authorization, as determined in the
said decision, and, where a decision has been taken under paragraph (ii) of
subsection (1), the need to correct anti-competitive practices The Director
General shall take his decision after hearing the owner of the patent and any
interested person if they wish to be heard
(3)(a) A request for the Director General authorization shall be
accompanied by evidence that the owner of the patent has received, from the
person seeking the authorization, a request for a contractual license. but that
person has been unable to obtain such a license on reasonable commercial
terms and conditions and within a reasonable time,
(b) paragraph (a) of this subsection shall not apply in cases of'
(i)
national emergency or other circumstances of extreme
urgency provided, however, that in such cases the
owner of the patent shall be notified of the Director
General's decision as soon as reasonably practicable
(ii
public non-commercial use, and
(ii
anti-competitive practices detcnnined as such by a
judicial or administrative body in accordance with
subsection ( I )(ii)
(4) The exploitation of a patented invention in the field of semi-conductor
technology shall only be authorized either for public non-commercial use or
where a Judicial or administrative body has determined that the manner of