A.37 32. (1) Subject to section 31, the Minister may issue a licence to a Government agency or any authorised person for the importation of patented products such as generic pharmaceutical products from any legitimate alternative foreign source without the approval of the patentee where — (a) it is in the public interest to do so for purposes of national security, nutrition, health, development of other vital sectors of the national economy, social service; or (b) the market for the patented product is not being supplied in sufficient quantities or on reasonable terms in relation to market demand. (2) The importation of the patented product by a Government agency or any authorised person shall be solely for public non-commercial use within Botswana, except where paragraph 1 or 3 of Article 31bis of the TRIPS Agreement is applicable. (3) A licence issued under subsection (1) shall include the name of the pharmaceutical product and an estimate of the quantities of the pharmaceutical product to be imported during the term of the licence: Provided that the estimate shall not limit the quantity of the pharmaceutical product required to address the public health problem that the importation seeks to address. (4) Where in respect of the pharmaceutical product referred to in subsection (1) a compulsory licence has been granted in the exporting country under the system set out in Article 31bis of the TRIPS Agreement and the Annex thereto, and remuneration for the licence has been paid accordingly in the exporting country, the obligation to pay remuneration for the compulsory licence to import that product into Botswana shall not apply. 33. (1) At any time after the expiration of three years from the date of the grant of a patent or four years from the filing date of the application, whichever occurs later, any person may apply to the High Court for an order to be granted a licence under the patent on the grounds that a market for the patent is not being supplied, or is not being supplied on reasonable terms, in Botswana. (2) Notwithstanding the provisions of subsection (1) an order to issue a compulsory licence shall not be granted if the patentee satisfies the High Court that circumstances exist which justify the non-exploitation or insufficient exploitation of the patent. (3) Where the High Court grants an order for the issue of a compulsory licence under this section, it shall — (a) set out the scope and function of the licence; (b) fix the time limit for the exploitation of the patent; and (c) set out the conditions and amount of remuneration to be paid to the patentee. (4) A request for the issue of a compulsory licence shall be made in the prescribed form subject to payment of the prescribed fees. Importation of patented products by Government or third party Compulsory licences for failure to exploit patent