S.L. 417.1 Art. 26Exploitation by Government or by third parties authorised by Government. Article 40(1).

(1) Where the national security or public safety so requires, the Minister may by notice authorise, even without the agreement of the proprietor of the patent application, a Government agency or a person designated in the said notice to make, use or sell an invention to which a patent or an application for a patent relates, subject to payment of equitable remuneration to the proprietor of the patent or to the applicant for the patent.

(2) The notice shall be published in the Government Gazette or any other official publication as may be prescribed by the Minister and shall indicate the reason for and extent of exploitation authorised.