Act 3 Industrial Property Act 2014 61. Grant and terms of compulsory licences. (1) When considering a request for a compulsory licence, the Ministet shall decide whether a compulsory licence may be granted and shall, if it decides in favour of the grant and after taking into account any terms agreed by the parties, proceed to fix the terms which shall be taken to constitute a valid contract between the parties and shall be governed by the provisions on contractual licences. (2) When fixing the terms under subsection (1), the Minister shall ensure that the compulsory licence— (a) is limited, in scope and duration, to the purpose for which it was authorized, and in the case of semi-conductor technology, shall only be for public non-commercial use or to remedy a practice determined after a judicial or administrative process to be anti-competitive; (b) is limited predominantly for the supply of the regional market; (c) does not entitle the licensee to grant further licences without the consent of the owner of the patent; (d) is non-exclusive; and (e) provides for the payment to the owner of the patent of remuneration which is equitable having regard to all the circumstances of the case, including the economic and social value of the licence. (3) A representative of the registrar and the patent owner shall have the right to appear and be heard at the hearing before the Minister of an application for a compulsory licence. 62. Transfer of compulsory licence. A compulsory licence may be transferred only with that part of the industrial undertaking or its goodwill, in which the relevant invention is used and the transfer shall not be valid until the consent of the Minister is obtained. 56

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