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- 11- on payment of the prescribed surcharge, If an annual fee is not paid in accordance with the provisions of this subsection, the patent application shall be deemed to have been withdrawn or the patent shall lapse Exploitation bv Govcrumcm or Person thcrcbx 19(1) Where Authorized (i) the public Interest, ill particular, national security, nuuirion, health or the development of other vital sectors of the national economy so requires, or (ii) the (name of the competent judicial or administrative body to be inserted) has determined that the manner ofexploitation, 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 Director-General may decide that, even without the agreement of the owner ofthe 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 rhe purpose for which il was authorized and shall be subject to the payment to the said owner of an adequate remuneration therefor, taking into account the economic value of the Director General's authorization, as determined in the said decision, and, where a decision has been taken under paragraph (ii) of subsection (1), the need to correct anti-competitive practices The Director General shall take his decision after hearing the owner of the patent and any interested person if they wish to be heard (3)(a) A request for the Director General authorization shall be accompanied by evidence that the owner of the patent has received, from the person seeking the authorization, a request for a contractual license. but that person has been unable to obtain such a license on reasonable commercial terms and conditions and within a reasonable time, (b) paragraph (a) of this subsection shall not apply in cases of' (i) national emergency or other circumstances of extreme urgency provided, however, that in such cases the owner of the patent shall be notified of the Director General's decision as soon as reasonably practicable (ii public non-commercial use, and (ii anti-competitive practices detcnnined as such by a judicial or administrative body in accordance with subsection ( I )(ii) (4) The exploitation of a patented invention in the field of semi-conductor technology shall only be authorized either for public non-commercial use or where a Judicial or administrative body has determined that the manner of

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