Revised Laws of Saint Lucia (2022)

16.   Exploitation by a government agency or third person

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   (1)   Where—

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

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      (b)     a judicial or administrative body has determined that the manner of exploitation of a protected layout-design, by the right holder of his or her license, is anti-competitive, and the Minister is satisfied that the exploitation of the layout-design in accordance with this section would remedy such practice,

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   the Minister may decide that, even without the authorisation or the right holder, a government agency or a third person designated by the Minister may exploit the layout-design.

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   (2)   The exploitation of the layout-design shall be—

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

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

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      (c)     non-exclusive; and

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

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   (3)   Upon request of the right holder or of the beneficiary of the authorisation, 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 layout-design to the extent that changed circumstances justify such variation.

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   (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 his or her decision have ceased to exist and are unlikely to recur or that the beneficiary of the authorisation has failed to comply with the terms of the authorisation.

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   (5)   Despite subsection (4), the Minister shall not terminate an authorisation if he or she is satisfied that the adequate protection of the legitimate interests of the beneficiary of the authorisation justifies the maintenance of the authorisation.

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

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   (7)   A request for the Minister's authorisation shall be accompanied by evidence that the right holder 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.

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   (8)   Decisions of the Minister under this section may be the subject of an appeal to the Court.