Section 33, The Patents and Industrial Design Act, 2012

(1) A request for the Minister's authorisation shall beaccompanied by evidence that the owner of the patent has received, from the person seeking the authorisation, a request for a contractual licence, but such person has been unable to obtain such a licence on reasonable commercial terms and conditions and within a reasonable time. (2) Subsection (1) shall not apply in cases of 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 reasonably practicable.