20 No. 10 (5) Patents and Industrial Designs Act 2012 Where(a) the invention claimed in a patent cannot be exploited in Sierra Leone without infringing a patent granted on the basis of an application benefiting from an earlier filing or where appropriate, priority date: and (b) where the invention claimed in the later patent involves an important technical advance of considerable economic importance in relation to the invention claimed in the earlier patent, the Court, upon the request of the owner of the later patent, may issue a non-voluntary licence to the extent necessary to avoid infringement of the earlier patent. (6) Where a non-voluntary licence is issued under subsection (5), the Registrar, upon request of the owner of the earlier patent, shall issue a non-voluntary licence in respect of the later patent. (7) In the case of a request for the issuance of a nonvoluntary licence under subsections (5) and (6), subsection (3) shall apply with such modifications as are necessary, provided that no time line shall be specified. (8) In the case of non-voluntary licence issued under subsection (5), the transfer may be made only with the later patent, and, in the case of non-voluntary licence issued under subsection (6), only with the earlier patent. (9) The request for the issuance of a non-voluntary licence shall be subject to the payment of the prescribed fee. (10) Subsection (4) to 12 of Section 26 shall apply with such modifications as are to this section. Remuneration to owner of patent. 28. The exploitation of an invention shall be subject to the payment to the owner of the patent of adequate remuneration, taking into account the economic value of the invention. No. 10 Patents and Industrial Designs Act 2012 21 29. Upon request of the owner of the patent, the Government Variation of agency or of the third person authorised to exploit the patented authorisation. invention, the Minister may, after hearing the parties, if either or both wish to be heard, vary the terms of the decision authorising the exploitation of the patented invention to the extent that changed circumstance justify such variation. 30. (1) Upon the request of the owner of the patent, the Minister Termination shall terminate the authorisation if he is satisfied, after hearing the of parties, if either or both wish to be heard, that the circumstances authorisation. which led to his decision have ceased to exist and are unlikely to recur or that the Government agency or third person designated by him has failed to comply with the terms of the decision. (2) Notwithstanding subsection (1), the Minister shall not terminate the authorisation if he is satisfied that the need for adequate protection of the legitimate interests of the Government agency or third person designated by him justifies the maintenance of the decision. 31. Where a third person has been designated by the Minister, Transfer of the authorisation may only be transferred with the enterprise or authorisation. business of that person or with the part of the enterprise or business within which the patented invention is being exploited. 32. (1) The exploitation shall be limited to the purpose for Scope of authorisation. which it was authorised. (2) � The authorisation 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 subsection (2) of section 22. (3) The exploitation of the invention by the Government agency or the third person designated by the Minister shall be predominantly for the supply of the market in Sierra Leone.