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(3) The exploitation of the patented invention under subsection (1)
shall be for the supply of the domestic market in Botswana only, except
where paragraph 1 or 3 of Article 31bis of the TRIPS Agreement applies.
(4) Upon request by the patentee, a Government agency, other person
or body authorised to exploit a patented invention under subsection (1),
the Minister may, after hearing the parties, vary the terms of the decision
authorising the exploitation of the patented invention as circumstances
may justify.
(5) The Minister may revoke a decision made under subsection (1)
where, after hearing all the parties he or she is satisfied that the
circumstances which led to his or her decision have ceased to exist and
are not likely to recur, or that the agency, person or body has failed to
comply with the terms of the decision.
(6) Notwithstanding the provisions of subsection (5), the Minister shall
not terminate the authorisation to exploit the patent if he or she is satisfied
that public interest as referred to in subsection (1) justifies the maintenance
of his or her decision.
(7) Where a third party has been designated by the Minister to exploit
a patent under this section, such exploitation may be transferred only within
the enterprise or business within which the patented invention is being
exploited.
(8) The authorisation to exploit a patent under this section shall not
exclude —
(a) the right by the patentee to grant a licence to another person to exploit
the patent; or
(b) the continued exercise, by the patentee, of his or her rights under
section 24 (2).
(9) A request to the Minister under subsection (4) by an agency, other
person or body for an authorisation to exploit a patent under this section
shall be accompanied by evidence that the patentee has received, from the
person seeking the authorisation, a request for a contractual licence, and
that such person has been unable, within a reasonable time, to obtain the
licence on reasonable commercial terms and conditions.
(10) Subsection (9) shall not apply in cases of national emergency or
other circumstances of extreme urgency, nor in the cases mentioned in
subsection (1) (a).
(11) Where a competition authority has determined that the manner of
exploitation of a patent in the field of semi-conductor technology is anticompetitive, the Minister shall authorise the issuance of a compulsory licence
if he or she is satisfied that the issuance of a compulsory licence would
remedy such practice.
(12) Any person who is aggrieved by a decision of the Minister under
this section may appeal to the High Court against that decision.