A.36 (3) The exploitation of the patented invention under subsection (1) shall be for the supply of the domestic market in Botswana only, except where paragraph 1 or 3 of Article 31bis of the TRIPS Agreement applies. (4) Upon request by the patentee, a Government agency, other person or body authorised to exploit a patented invention under subsection (1), the Minister may, after hearing the parties, vary the terms of the decision authorising the exploitation of the patented invention as circumstances may justify. (5) The Minister may revoke a decision made under subsection (1) where, after hearing all the parties he or she is satisfied that the circumstances which led to his or her decision have ceased to exist and are not likely to recur, or that the agency, person or body has failed to comply with the terms of the decision. (6) Notwithstanding the provisions of subsection (5), the Minister shall not terminate the authorisation to exploit the patent if he or she is satisfied that public interest as referred to in subsection (1) justifies the maintenance of his or her decision. (7) Where a third party has been designated by the Minister to exploit a patent under this section, such exploitation may be transferred only within the enterprise or business within which the patented invention is being exploited. (8) The authorisation to exploit a patent under this section shall not exclude — (a) the right by the patentee to grant a licence to another person to exploit the patent; or (b) the continued exercise, by the patentee, of his or her rights under section 24 (2). (9) A request to the Minister under subsection (4) by an agency, other person or body for an authorisation to exploit a patent under this section shall be accompanied by evidence that the patentee has received, from the person seeking the authorisation, a request for a contractual licence, and that such person has been unable, within a reasonable time, to obtain the licence on reasonable commercial terms and conditions. (10) Subsection (9) shall not apply in cases of national emergency or other circumstances of extreme urgency, nor in the cases mentioned in subsection (1) (a). (11) Where a competition authority has determined that the manner of exploitation of a patent in the field of semi-conductor technology is anticompetitive, the Minister shall authorise the issuance of a compulsory licence if he or she is satisfied that the issuance of a compulsory licence would remedy such practice. (12) Any person who is aggrieved by a decision of the Minister under this section may appeal to the High Court against that decision.