Section 34(4) provides a request for the Minister's authorisation to exploit a patented invention shall be accompanied by evidence that the owner of the patent 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. What is reasonable is not defined in the legislation but will be determined by the Court based on the circumstances of each matter.
Section 34(9) mandates that the exploitation of the patented invention by the Government agency or third person designated by the Minister shall be predominantly for the supply of the market in Saint Kitts and Nevis.