(1) Where

(a) the public interest, in particular, national security, nutrition, health or the development or other vital sectors of the national economy requires the exploitation of a protected layout‐design for public non‐commercial use, or

(b) a judicial or administrative body has determined that the manner of exploitation of a protected layout‐design, by the right holder or the right holder's licensee, is anti‐competitive and the Minister is satisfied that the exploitation of the layout‐design in accordance with this section would remedy that practice, the Minister may decide that, without the authorization of the right holder, a Government agency or a third person designated by the Minister may exploit the layout‐design.

(2) The exploitation of a layout‐design under subsection (1) shall be

(a) limited, in scope and duration, to the purpose for which it was authorized;

(b) predominantly for the supply of the domestic market;

(d) subject to the payment to the right holder of an adequate remuneration taking into account the economic value of the Minister's authorization, as determined in the Minister's decision and, where applicable, the need to correct anti‐competitive practices.

(3) Upon request of the right holder or of the beneficiary of the authorization, the Minister may, after hearing the parties, if either or both wish to be heard, vary the terms of the decision authorizing the exploitation of the layout‐design to the extent that changed circumstances justify the variation.

(4) Upon the request of the right holder, the Minister shall terminate the non‐voluntary licence if the Minister is satisfied that the circumstances which led to the Minister's decision have ceased to exist and are unlikely to recur or that the beneficiary of the authorization has failed to comply with the terms of the authorization.

(5) Notwithstanding subsection (4), the Minister shall not terminate an authorization if the Minister is satisfied that adequate protection of the legitimate interests of the beneficiary of the authorization justifies the maintenance of the authorization.

(6) Where a third persons is designated by the Minister in accordance with subsection (1), the authorization may only be transferred with the enterprise or business of the beneficiary of the authorization or with the part of the enterprise or business within which the layout‐design is being exploited.

(7) A request for the Minister's authorization shall be supported by evidence that the right holder has received, from the person seeking authorization, a request for a contractual licence but that, that person has been unable to obtain the licence on reasonable commercial terms and conditions and within a reasonable time.

(8) Any decision of the Minister under this section is subject to an appeal to the Court