Act 3
Industrial Property Act
2014
(b) the registrar determines that the manner of exploitation of
an invention by the owner of the patent or his or her
licensee is not competitive,
the Minister may, upon application to him or her in the prescribed form
and after consultation with the registrar and the owner of the patent, order
that the protected invention shall be exploited by a Government ministry,
a department, an agency or other person as the Minister may designate in
the order subject to the payment of adequate compensation to the owner
of the patent in accordance with this section.
(2) An order under subsection (2) shall remain in force until it is
revoked by the Minister in writing, after giving six months prior
notice of his or her intention to revocate to the party named or
described in the order.
(3) An order made under subsection (2) shall not require the
payment of compensation to the owner of the patent or licence holder
or any other party interested.
(4) The Minister may, notwithstanding any of the measures set
out in this section, by written order authorise the utilisation of any
process for the manufacture, sale or supply of any molecule or
substance, by any individual, corporation, society or other enterprise
named or described in the order without notice to the patent holder or
any other noticeable party.
(5) An order under subsection (4) and that order shall remain in
force until revoked by the Minister in writing, after giving six months
prior notice of intention to revocate to the party named or described
in the order.
(6) An application shall not be made under subsection (1) unless
the applicant has unsuccessfully sought a licence contract from the
owner of the patent.
(7) Subsection (1) shall not apply in a case of national
emergency or other extreme urgency and in that case the Minister
shall cause the contents of the order to be communicated to the owner
of the patent as soon as practicable.
59