40 Government Gazette 23 March 2012 Act No. 1, 2012 No. 4907 INDUSTRIAL PROPERTY ACT, 2012 (3) In the case of an application for the issuance of a compulsory licence under subsections (1) and (2), the provisions of sections 55(6), (7) and (8) relating to the conditions for the grant of a compulsory licence do, with the necessary changes, apply, except that no time limit needs to be determined for the exploitation to commence. (4) In the case of a compulsory licence issued under subsection (1), any transfer of the licence may be made only with the transfer of the later patent, or, in the case of a compulsory licence issued under subsection (2), only with the transfer of the earlier patent. (5) A party who is aggrieved by the decision of the Tribunal made under this section, may appeal against the decision to the court. Compulsory licence in public interest 57. (1) (a) the public interest, in particular national security, nutrition, health or the development of other vital sectors of the national economy, so requires; (b) a national emergency or circumstances of extreme urgency have arisen, including a public health crisis, which requires the use of the patented invention; (c) the Namibian Competition Commission (hereafter “the Commission”) established in terms of the Competition Act, 2003 (Act No. 2 of 2003) (hereafter “the Competition Act”) has determined that the manner of exploitation, of the patent by the owner of the patent or his or her licensee, constitutes a restrictive business practice prohibited under Part I or Part II of Chapter 3 of the Competition Act, and the Minister is satisfied that the exploitation of the invention in accordance with this section would remedy such practice; (d) an interested party has unsuccessfully endeavoured at least for a period of six months to obtain the patent owner’s licence for the use of the patented invention on reasonable terms and conditions, and the refusal of the patent owner to grant a licence has the effect that the trade or industry or agriculture of Namibia, or the trade of a class of persons in Namibia, or the establishment of any new trade or industry in Namibia is being prejudiced and it is in the public interest that a licence should be granted; or (e) a patented product relates to a pharmaceutical product in respect of which Namibia has insufficient or no manufacturing capacity as contemplated in the Decision of the General Council of the WTO of August 30, 2003 or in Article 31bis of TRIPS, and a licence for the importation of the patented product is required as contemplated in the said decision or article, Where –