(1) The court may, on an application made by any person, make an order for the grant of a licence under a patent if the court is satisfied that—
(a) the patented invention is—
(i) a pharmaceutical product; or
(ii) a process for making a pharmaceutical product; and
(b) the pharmaceutical product is needed to address a serious public health problem in 1 or more overseas countries specified in the application (for example, an epidemic, whether actual or imminent, of HIV/AIDS, tuberculosis, malaria, or other disease); and
(c) each of those overseas countries is either—
(i) an eligible importing Member that has made a notification in respect of the product under paragraph 2(a) of the Annex to the TRIPS agreement; or
(ii) a country that is currently specified in respect of the product in a notice under section 165B; and
(d) all of the pharmaceutical products made under the licence will be exported to those overseas countries.
(2) A licence granted under this section—
(a) is not exclusive; and
(b) must not be assigned otherwise than in connection with the goodwill of the business in which the patented invention is used; and
(c) must be recorded in the patents register by the Commissioner as soon as is reasonably practicable after the Commissioner receives a copy of the order made under subsection (1).
(3) Any licence granted under this section may, on the application of an interested person, be terminated by the court if the court is satisfied that the grounds on which the licence was granted have ceased to exist.
(4) For the purposes of this section and sections 165B to 165D,—
eligible importing Member has the same meaning as in Article 31bis of the TRIPS agreement
pharmaceutical product includes a medicine or vaccine, an active ingredient of a medicine or vaccine that is necessary for its manufacture, or a diagnostic kit needed for the use of a medicine or vaccine.