42 Government Gazette 23 March 2012 Act No. 1, 2012 No. 4907 INDUSTRIAL PROPERTY ACT, 2012 (a) the exploitation by the owner of the patent of his or her rights under section 41; or (b) the granting of voluntary licence contracts to third parties by the owner of the patent under section 51; or (c) the grant of a compulsory licence under section 55 or 56. (8) Where a third person has been designated and authorised by the Minister as contemplated in subsection (1), the authorisation may only be transferred to another party together with the enterprise or business of that third person or with the part of the enterprise or business within which the patented invention is being exploited. (9) Except where the compulsory license is issued under subsection 1(c), the compulsory license will be predominantly for the supply of the domestic market. (10) On written application made to him or her by the owner of the patent, or by the third person authorised to exploit the patented invention, the Minister may, after hearing the parties, vary the terms and conditions of the decision authorising the exploitation of the patented invention to the extent that changed circumstances justify such variation. (11) On written application made to him or her by the owner of the patent, the Minister must terminate the authorisation if he or she is satisfied, after hearing the parties, that the circumstances which led to the decision have ceased to exist and are unlikely to recur, or that the third person designated by the Minister has failed to comply with the terms and conditions of the decision. (12) Despite subsection (11), the Minister may not terminate the authorisation if he or she satisfied that the need for adequate protection of the legitimate interests of the third person designated by the Minister justifies the maintenance of the decision. (13) A party who is aggrieved by the decision of the Minister which is made under this section, may appeal against the decision to the Tribunal. (14) An appeal against the grant of a compulsory licence does not stay or suspend the use of the patented invention during the appeal process and the patent holder’s sole remedy is limited to an action for the recovery of adequate compensation. Procedure for grant of compulsory licences 58. (1) An application for a compulsory licence under sections 55, 56 or 57 may be submitted by any interested party in the manner prescribed. (2) An application must be accompanied by – (a) where required, evidence that the owner of the patent has received, from the person seeking the compulsory licence, a written request for a voluntary contractual licence, but that that person has been unable to