Exploitation by Government or person authorised thereby

(1) Whereauthorized (a) the public interest, in particular, national security, nutrition, health, or the development of other vital sectors of the national economy so requires; or (b) the Minister has determined that the manner of exploitation, by the owner of the patent or his licensee, is anti-competitive, and he is satisfied that the exploitation of the invention in accordance with this sub-section would remedy such practice, the Minister may decide that, even without the agreement of the owner of the patent, a Government agency or a third person designated by the Minister may exploit the 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 said owner of an adequate remuneration there for, taking into account the economic value of the Minister’s authorization, as determined in the said decision, and, where a decision has been taken under sub- section (1)(b), the need to correct anti-competitive practices. (3) The Minister shall make his decision after hearing the owner of the patent and any interested person. (4) A request for the Minister’s authorisation to exploit a patented invention 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) Sub-section (4) shall not apply in cases of33 (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 Minister’s decision as soon as reasonably practicable; (b) public non-commercial use; and (c) anti-competitive practices determined as such by the Minister in accordance with sub-section (1)(b). (6) The exploitation of a patented invention in the field of semi-conductor technology shall only be authorized for public non-commercial use or where a judicial or administrative body has determined that the manner of exploitation of the patented invention, by the owner of the patent or his licensee, is anti- competitive, and if the Minister is satisfied that the issuance of the non-voluntary licence would remedy such practice. (7) The authorization shall not exclude– (a) the conclusion of licence contracts by the owner of the patent; (b) the continued exercise, by the owner of the patent, of his rights under section 33(2); or (c) the grant of a non-voluntary licence under (8) Where a third person has been designated by the Minister, 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. 34 (9) The exploitation of the patented invention by the Government agency or third person designated by the Minister shall be predominantly for the supply of the market in Belize. (10) Upon the request of the owner of the patent, of the Government agency or of the third party authorized to exploit the patented invention, the Minister may, after hearing the parties, vary the terms of the decision authorizing the exploitation of the patented invention to the extent that changed circumstances justify such variation. (11) Upon the request of the owner of the patent, the Minister shall terminate the authorization if he is satisfied, after hearing the parties, that the circumstances 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. (12) Notwithstanding sub-section (11), the Minister shall not terminate the authorization 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.