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16 No. 10 Patents and Industrial Designs Act 2012 (3) If an annual fee is not paid in accordance with this section, the patent application shall be deemed to have been withdrawn or the patent shall lapse automatically and the related information shall fall into the public domain and the lapse of the patent shall be published by the Registrar. (4) Within six months from the expiration of the period of grace referred to in subsection (2), any interested person may, upon payment of the prescribed fee, request the Registrar to restore an application that is deemed to have been withdrawn, or a patent that has lapsed, by virtue of subsection (3). (5) Where the patent has lapsed due to the non-payment of an annual fee within the prescribed period, the patentee may, in the prescribed manner and on the payment of the prescribed fee, apply to the Registrar for the restoration of the patent. (6) If the Registrar is satisfied that the omission to pay was unintentional and that no undue delay has occurred in the making of the application the Registrar shall advertise the application in the prescribed manner and any person may, within the prescribed period, give notice in the prescribed manner objecting to the restoration of the patent. (7) If there is no objection to the restoration, the Registrar may issue an order restoring the patent or dismiss the application. (8) Where a notice of objection is given, the Tribunal shall, after hearing the applicant and the objector, decide the matter and issue an order restoring the patent or dismissing the application. (9) Any order restoring the patent shall be subject to the payment of any fee remaining unpaid on the date of the order. 26. Exploitation by Government or person authorised by Government. (1) Where(a) � the public interest in particular, national security, nutrition, health or the development of other vital sectors of the national economy so requires; or No. 10 Patents and Industrial Designs Act 2012 (b) � the Registrar has determined that the manner of exploitation by the owner of the patent or his licensee, is anti-competitive, and the Minister is satisfied that the exploitation of the invention in accordance with this subsection would remedy such practice, the Minister may decide that, without the agreement of the owner of the patent, a Government agency or a third person designated by the Minister may exploit a patented invention. (2) The exploitation of the patented invention shall be limited to the purpose for which it was authorised and shall be subject to the payment to the owner of an adequate remuneration taking into account the economic value of the Minister's authorisation, as determined in the decision, and, where a decision has been taken under paragraph (b) of subsection (1), the need to correct anticompetitive practices. (3) The Minister shall take a decision after hearing the owner of the patent and any interested person if they wish to be heard. (4) A request for the Minister's authorisation shall be accompanied by evidence that the owner of the patent has received from the person seeking the authorisation, a request for a contractual licence, but that that person 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; but in such cases the owner of the patent shall be notified of the Minister's decision as soon as is reasonably practicable; 17

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