Patents
[CAP.400
apply tothe Registrar in the prescribed manner for a compulsory
licence on the ground that the.reasonable requirements of the public
with respect to the invention in question have not been or will not
be satisfied.
(2) Every application under this section shall set out fully the
nature of the applicant's interest, the facts. on which he bases his case
and the relief he seeks, and shall be accompanied by an affidavit ver- .
ifying the facts set out in such application.
(3) If, after consideration of any such application. the Registrar is
satisfied jhat the applicant has a bona fide interest, and that a prima
facie case for relief has been made out, he shall direct the applicant
to serve copies of the application and of the relevant affidavit upon
the patentee and upon any other person appearing from the register
to he interested in the patent, and to advertise the application in the
prescribed munner.
.
(4) If the patentee or any other person wishes to oppose the grant
of a licence under this section, he may, within the prescribed period
or within such further period as ,:'P. Registrar mayan application
allow, deli ver to the Registrar a caul ter-statement, verified by affi
davit. setting. out fully the ground'. on which the application is
opposed, and shall at the same n-ne serve upon the applicant copies
of the counter-statement.
i
(5) When. in relation to an application or an opposition thereto,
the foregoi ng provisions of this section have been complied with to
'the extent therein required, the Registrar shall send aU relevant
papers to the High Court. and that court shall arrange for the matter
to be heard in the manner prescribed and. subject to the provisions
of this section. the High Court may make such order therein as it
deems just.
(6) The reasonable requirements of the public referred to in sub
section (1.\ shall be deemed not to have been satisfied in any of the
following circumstances, namely:
(a) if the patented invention, being an invention capable of
being worked in Zambia. is not being worked therein on a
commercial scale and there is no satisfactory reason for
such non-working:
Provided that, if an application for a compulsory licence
is made on this ground and the High Court is of the opin
ion that the time which has elapsed since the sealing of the
patent has by reason of the nature of the invention or for
any other reason been insufficient to enable the invention to
be worked within Zambia on a commercial scale, the High
Court may make an order adjourning the hearing of the
application for such period as will in its opinion be suffi
cient for that purpose;
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