40
CAP. 400]
Patents
(b) if the working of the invention within Zambia on a com-'
mercial scale is being prevented or hindered by the impor
tation of the patented article by the patentee or persons
claiming under him, or by persons directly or indirectly pur
chasing from him or by persons against whom the patentee
is not taking or has not taken proceedings for infringement;
(c) if the demand for the patented article in Zambia is not being
met to an adequate extent and on reasonable terms;
(d) if by reason of the refusal of the patentee to grant a licence
or licences upon reasonable terms, the trade or industry of
Zambia or the trade of any person or class of persons trad
ing in Zambia, or the establishment of any new trade or
. industry in Zambia, is being prejudiced, and it is in the pub
lic interest that a licence or licences should be granted;
(e) if any trade er industry in Zambia, or any person or class of
persons engaged therein, is being prejudiced by unfair con
ditions attached by the patentee, whether before or after the
commencement of this Act, to the purchase, hire, licence or
use of the patented article, or the using or working of the
patented process;
if) if any condition which under the provisions of section
forty-nine is null and void as being in restraint of trade and
contrary to public policy, has been inserted in any contract
made in relation to the sale or lease of or any licence to use
or work any article or process protected by the patent:
Provided that, for the purpose of determining whether there has
been any abuse of the monopoly rights under a patent, due regard
shall be had to the fact that patents are granted not only to encourage
invention but also to secure that inventions shall so far as possible be
worked on a commercial scale in Zambia without undue delay.
(7) The High Court may order the grant to the applicant of a
licence on such terms as it may think expedient, including a term pre
cluding the licensee from importing into Zambia any goods whereof
the importation by persons other than the patentee or persons claim
ing under him, would be an infringement of the patent.
(8) If in respect of an application under this section the High
Court is satisfied that the invention which is the subject of the appli
cation is not being worked on a commercial scale within Zambia, and
is such that it cannot be so worked without the expenditure of capi
tal for the raising of which it will be necessary to rely on the patent
monopoly, it may, unless the patentee or those claiming under him
will undertake to find such capital, order the grant to the applicant or
any other person, or to the applicant jointly with one or more other
persons, if able and willing to provide such capital, of an exclusive
licence on such terms as the High Court may think just, but subject
as hereinafter provided.