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(1) Where the competent authority(a) is satisfied that the public interest including, national security, nutrition, health or the development of other vital sectors of the national economy so requires; or (b) has, on the application of any party, determined that the manner of exploitation, by the owner of the patent or his licensee, is anti-competitive and that it is necessary to remedy such anti-competitive practice; it may, upon a request being made, authorise, even without the agreement of the owner of the patent, authorise a Government agency or a third person to exploit the patented invention. (2) The exploitation of the patented invention shall be limited to the purpose for which it was authorized and shall be subject to the payment, to the owner, of an adequate compensation. (3) For the purposes of a decision under subsection (1) the competent authority shall take (a) into account the economic value of the authorization, as determined in the said decision, and where a decision has been taken under subsection (1)(b), the need to correct anti-competitive practices; and (b) his decision after hearing the owner of the patent and any interested person, whenever necessary. (4) A request for the authorization under subsection (1) shall be accompanied by evidence that the owner of the patent has received, from the person seeking the authorization, a request for a contractual licence, but that the latter has been unable to obtain such a licence on reasonable commercial terms and conditions and within a reasonable time. (5) Subsection (4) shall not apply in cases of(a) national emergency or other circumstances of extreme urgency provided, however, that in such cases the owner of the patent shall be notified of the competent authority's decision as soon as reasonably practicable; (b) public non-commercial use; and (c) anti-competitive practices determined as such by the competent authority in accordance with subsection (1)(b). (6) The exploitation of a patented invention in the field of semi-conductor technology by a person other than the owner, shall only be authorized - . (a) where the competent authority has determined that the manner of exploitation of the patented invention, by the owner of the patent or his licensee, is anti-competitive and is satisfied that the issuance of the non-voluntary licence would remedy such practice; or (b) for public non-commercial use.

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