Patents
[CAP.400 41
(9) The terms of any exclusive licence ordered to be granted
under subsection (8) shall, with due regard to the risks to be under
taken by the licer.see in providing the capital and working the inven
tion. be so framed as
(1I) to secure to the patentee the maximum royalty compatible
with the successful working of the invention within Zambia
on a commercial scale and at a reasonable profit;
(b)
to guarantee to the patentee a minimum yearly sum by way
of royalty, if and so far as it is reasonable to do so;
and in addition to any other terms of the licence or order, the licence
and the order shall be made revocable at the discretion of the High
Court if the licensee fails to
(i) work the invention within the time specified in the
order;
(ii) expend the amount specified in the licence as being
the amount which he is able and willing to provide
for the purpose of working the invention on a com
mercial scale within Zambia; or
(iii) pay to the patentee the royalties payable in terms of
the licence.
(10) In deciding to whom an exclusive licence is to be granted, the
High Court shall. unless good reason is shown to the contrary, prefer
an existing licensee to a person who, according to the register, has no
interest in the patent.
(II) The order directing the grant of an exclusive licence under
this section shaIl operate to divest the patentee of any right which he
may have as patentee to work or use the invention, and to revoke all
existing licences, unless otherwise provided in the order, and may,
if considered fair and equitable by the High Court, be made subject
to the condition that the licensee shall give proper compensation to
be fixed by-the High Court for any money or labour expended by the
patentee or any existing licensee in developing or working the
invention.
(12) A licensee under this section shall be entitled to call upon the
patentee concerned to institute any proceedings which may be nec
essary to prevent infringement of the patent in question and shall in
all other respects have the same rights as any other licensee, and if
the patentee fails within two months after being called upon by the
licensee. or within such further period as the High Court may allow,
to institute any such proceedings, the licensee may himself institute
such proceedings as if he were the patentee, making the patentee a
defendant. but the patentee shall not be liable for any costs in con
nection with such proceedings unless he enters an appearance and
takes part in those proceedings.