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(7) 24. The authorization shall not exclude (a) the conclusion of licence contracts by the owner of the patent; or (b) the continued exercise, by the owner of the patent, of his rights under section 21; or (c) the issuance of a non-voluntary licence under section 24. (8) Where a third person has been authorised by the competent authority, the authorization may only be transferred with the enterprise or business of that person or with the part of the enterprise or business within which the patented invention is being exploited. (9) Upon a request of the owner of the patent, or the Government agency or of the third person authorized to exploit the patented invention, the competent authority may, after hearing the parties, whenever necessary, vary the terms of the decision authorizing the exploitation of the patented invention to the extent that any change in circumstances justifies such variation. (10) Upon the request of the owner of the patent, the competent authority shall terminate the authorization if he is satisfied, after hearing the parties, whenever necessary, that the circumstances which led to the decision have ceased to exist and are unlikely to recur or that the Government agency or third person authorised has failed to comply with the terms of the decision. (11) Notwithstanding subsection (10), the competent authority shall not terminate the authorization where he is satisfied that the need for adequate protection of the legitimate interests of the Government agency or third person authorised, justifies the maintenance of the decision. (12) The decision of the competent authority under this section shall be subject to review by the Supreme Court. Non-voluntary licences (1) Upon request made to the Controller after the expiration of a period of 4 years from the date of filing of the patent application or 3 years from the date of the grant of the patent, whichever period expires last, the Controller may issue a nonvoluntary licence if he is satisfied that the patented invention is not exploited or is insufficiently exploited, by working the invention locally or by importation, in Mauritius. (2) Notwithstanding subsection (1), a non-voluntary licence shall not be issued if the owner of the patent satisfies the Controller that circumstances exist which justify the non-exploitation or insufficient exploitation of the patented invention in Mauritius. (3) The decision issuing the non-voluntary licence shall fix – (a) the scope and the function of the licence; (b) the time limit within which the licensee must begin to exploit the patented invention; and (c) the amount of the adequate remuneration to be paid patent and the conditions of payment.. to the owner of the

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