Exploitation by Government agency or third person

(1) Where, agency of third (a) the public interest, in particular, national security, nutrition, health, or the development of any other vital sector of the national economy requires the exploitation of a protected layout-design for public non- commercial use; or (b) the Minister has determined that the manner of exploitation by the owner of the protected layout-design or his licensee is anti- competitive, and he is satisfied that the of the in accordance with this subsection would remedy such practice, the Minister may decide that even without the authorisation of the owner of the right, a Government agency or a third person designated by the Minister may exploit the layout design. 16 (2) The exploitation of the layout-design shall be limited in scope and duration to the purpose for which it was authorised and shall be predominantly for the supply of the domestic et. (3) The exploitation shall be non-exclusive and shall be subject to the payment, to the right holder, of an adequate remuneration there for, taking into account the economic value of the Minister’s authorisation as determined in his decision and where applicable the need to correct anti- competitive practices. (4) Upon the request of the right holder or of the beneficiary of the authorisation the Minister may, after hearing the parties if they wish to be heard, vary the terms of the decision authorising the exploitation of the layout-design to the extent that changed circumstances justify such variation. (5) Upon the request of the right holder the Minister shall terminate the non-voluntary licence if he is satisfied, after hearing the parties if they wish to be heard, that the circumstances which led to his decision have ceased to exist and are unlikely to recur or that the beneficiary of the authorisation has failed to comply with the terms of the authorisation. (6) Notwithstanding subsection (5) of this section, the Minister shall not terminate an authorisation if he is satisfied that the adequate protection of the legitimate interests of the beneficiary of the authorisation justifies the maintenance of the authorisation. (7) Where a third person has been designated by the Minister, the authorisation may only be transferred with the enterprise or business of the beneficiary of the authorisation, or with the part of the enterprise or business within which the layout-design is being exploited. (Topographies) of Integrated Circuits 17 (8) A request for the Minister’s authorisation shall be accompanied by evidence that the right holder has received from the person seeking the authorisation a request for a licence, but that the person has been unable to obtain such licence on reasonable commercial terms and conditions and within a reasonable time.