Act 3
Industrial Property Act
2014
(8) An order under this section shall be subject to conditions that
the Minister considers necessary.
(9) Where an order under this section is made, the Minister shall
determine the amount of compensation to be paid to the owner of the
patent, and the compensation shall be equitable having regard to all
the circumstances of the case and in particular, the economic and
social value of the patent.
(10) An order under this section shall not preclude the owner of
the patent from concluding a licence contract or from exercising the
powers conferred by section 38.
(11) The Minister may, upon the request of the owner of the patent
or the Government ministry, a department, an agency or other person
designated by the Minister for the purpose of any order under this
section and after hearing all interested parties, vary the terms of the order
to the extent that changed circumstances justify the variation.
(12) The Minister may, upon the request of the owner of a patent
and after hearing all interested parties, revoke an order under this
section—
(a) if satisfied that the circumstances necessitating the order
have ceased and are unlikely to recur; or
(b) where the Government Ministry, department, agency or
other entity or person designated for the purposes of the
order is in breach of any condition imposed under
subsection (7).
(13) The authorisation of a person in an order under this section
shall not be transferable except to a business or enterprise owned or
operated by that person.
(14) The exploitation of the invention under an order made
under this section shall be primarily for the supply of the regional
market.
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