Protecting Industrial Property Rights

Exploitation of patented inventions by the Government

where: -

1. the public interest, in particular, national security, nutrition, health, environmental conservation, or the development of any other vital sector of the national economy so requires; or
2. the Managing Director determines that the manner of exploitation of an invention by the owner of the patent or his licensee is not competitive;

the Minister may, upon application to him in Form IP 25, and after consultation with the Institute and the owner of the patent, order that the protected invention be exploited by a Government Ministry, Department, agency or other person as the Minister may designate in the order, subject to the payment of adequate compensation to the owner of the patent.