Section 26, The Patents and Industrial Design Act, 2012

(1) Where- (a) the public interest in particular, national security, nutrition, health or the development of other vital sectors of the national economy so requires; or (b) the Registrar has determined that the manner of exploitation by the owner of the patent or his licensee, is anti-competitive, and the Minister is satisfied that the exploitation of the invention in accordance with this subsection would remedy such practice, the Minister may decide that, without the agreement of the owner of the patent, a Government agency or a third person designated by the Minister may exploit a patented invention. (2) The exploitation of the patented invention shall be limited to the purpose for which it was authorised and shall be subject to the payment to the owner of an adequate remuneration taking into account the economic value of the Minister's authorisation, as determined in the decision, and, where a decision has been taken under paragraph (b) of subsection (1), the need to correct anticompetitive practices. (3) The Minister shall take a decision after hearing the owner of the patent and any interested person if they wish to be heard. (4) A request for the Minister's authorisation shall be accompanied by evidence that the owner of the patent has received from the person seeking the authorisation, a request for a contractual licence, but that that person has been unable to obtain such a licence on reasonable commercial terms and conditions and within a reasonable time. (5) Subsection (4) shall not apply in cases of - (a) national emergency or other circumstances of extreme Urgency; but in such cases the owner of the patent shall be notified of the Minister's decision as soon as is reasonably practicable; 16 17 Exploitation by Government or person authorised by Government. No. 10 Patents and Industrial Designs Act 2012 No. 10 Patents and Industrial Designs Act 2012 (b) public non-commercial use; and (c) anti-competitive practices determined as such by the Registrar. (6) The exploitation of a patented invention in the field of semi-conductor technology shall only be authorised either for public non-commercial use or where the Registrar determines that the manner of exploitation of the patented invention by the owner of the patent or his licensee, is anti-competitive and if the Minister is satisfied that the issuance of the non-voluntary licence would remedy such practice. (7) The authorisation shall not exclude - (a) the conclusion of licence contracts by the owner of the patent; (b) the continued exercise, by the owner of the patent, of his right under this Act; or (c) the issuance of a non-voluntary licence. (8) Where a third person has been designated by the Minister, the authorisation may only be transferred with the enterprise or business of that person or with the part of the enterprise or business within which the patent invention is being exploited. (9) Where the exploitation of the invention by a Government agency or third person designated by the Minister is authorised under paragraph (a) of subsection (1), it shall be predominantly for the supply of the market in Sierra Leone. (10) Upon request of the owner of the patent, the Government agency or of the third person authorised to exploit the patented invention, the Minister may, after hearing the parties, if either or both wish to be heard, vary the terms of the decision authorising the exploitation of the patented invention to the extent that changed circumstances justify such variation. (11) Upon request of the owner of the patent, the Minister may terminate the authorisation if he is satisfied after hearing the parties, that the circumstances which led to his decision have ceased to exist and are unlikely to recur or that the Government agency or third person designated by him has failed to comply with the terms of the decision. (12) Notwithstanding subsection (10), the Minister shall not terminate the authorisation if he is satisfied that the need for adequate protection of the legitimate interests of the Government agency or third person designated by him justifies the maintenance of the decision. (13) Any person aggrieved by a decision of the Minister under this section may appeal to the Court.