TNAG-1927-FCO40-2744-Future-of-Hong-Kong-Sino-British-Joint-Liaison-Group-sub-gro-1989 — Page 37

(3)

[Non-Voluntary Licenses;

Antitrust Measures] (a)

Notwithstanding

paragraph (1), any Contracting Party may, in its legislation, provide for the

possibility of its executive or judicial authority

(i) granting a non-exclusive license for the performance of any of

the acts referred to in paragraph (1) by a third party without the

authorization of the holder of the right [after serious and unsuccessful

efforts to obtain such authorization] ("non-voluntary license") where the

granting of the non-voluntary license is found, by the granting authority, to

be necessary (Alternative A: in the public interest] [Alternative B: to

prevent any abuse, by the holder of the right, of his rights, or to safeguard

public health or public safety]; the non-voluntary license shall be subject

to the payment of an equitable remuneration by the third party to the holder

of the right, which remuneration shall, in the absence of agreement between

the third party and the holder of the right, be fixed by the granting

authority;

(ii) deciding any measure limiting any of the rights of the holder of

the right on the ground that the latter has violated legislation designed to

secure free competition and to prevent abuses of dominant market position.

(b) The granting of any non-voluntary license, and the deciding of any

measure, referred to in subparagraph (a) shall be subject to judicial review.

Any such license or measure shall [Alternative C: cease to have effect]

[Alternative D: be revoked] when the facts that justify it cease to exist.