The Industrial Property Act, 2001 41 Provided that the provisions of this subsection shall not apply in cases of national emergency or other extreme urgency in which case the Minister shall cause the contents of the order to be communicated to the owner of the patent as soon as reasonably practicable. (3) An order under this section shall be subject to such conditions, as the Minister may deem necessary. (4) Where an order under this section is made, the Managing Director shall fix the amount of the compensation to be paid to the owner of the patent, such compensation being equitable with due regard to all the circumstances of the case and in particular, the economic value of the patent. (5) An order under this section shall not preclude the owner of the patent from concluding a licence contract or from exercising the powers conferred by section 54 of this Act. (6) The Minister may, upon the request of the owner of the patent or the Government Ministry, Department, agency or other person designated by the Minister for the purposes of any order under this section and after hearing all interested parties, vary the terms of the order to the extent that changed circumstances justify such variation. (7) The Minister may, upon the request of the owner of a patent and after hearing all interested parties, revoke an order under this section: (a) if satisfied that the circumstances necessitating the order have ceased and are unlikely to recur; or (b) where the Government Ministry, Department, agency or other person designated for the purposes of the order is in breach of any condition imposed under subsection (3). (8)The authorization of any person in an order under this subsection shall not be transferable except to a business or enterprise owned or operated by that person. (9) The exploitation of the invention pursuant to an order under this section shall be primarily for the supply of the market in Kenya. (10) An order relating to the exploitation of an invention in the field of semiconductor technology shall only be made where the Tribunal has determined that the manner of exploitation of the patented invention, by the owner of the patent or his licensee, is not competitive and the Minister is satisfied that the issuance of such an order would remedy such practice. (11) Any person aggrieved by the decision of the Minister under this section may appeal to the Tribunal. PART XII - UTILITY MODELS

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