42 CAP. 400]
Patents
(13) The existence of a compulsory licence granted solely on the
ground that an invention is not being worked in Zambia on a com
mercial scale shall not preclude the grant of further licences (includ
ing compulsory licences) in respect of that invention. but the holder
of any compulsory licence shall not be entitled to transfer that
licence or grant a sub-licence thereunder except to a person to whom
the business. or the part of the business in connection with which the
rights under the licence were exercised. has been transferred.
(14) Except in the case of a licence to be granted under subsection
(8). no licence shall be granted in terms of this section or of section
thirty-eight while the relevant patent remains endorsed "licences of
right" under section thirty-five.
(15) For the purposes of this section. the expression "patented
article" includes any article made by a patented process.
(As amended by No. 36 of 1960. G.N. No. 185 of 1964
and Act No. 18 oj 1980)
Inventions
relating to
food or
certain other
commodities
38. (1) Subject to the provisions of subsection (14) of section
thirty-seven and without prejudice to the other foregoing provisions
of this Act, where a patent is in force in respect of
(a) a substance capable of being used as food or medicine, or
in the production of food or medicine;
(b) a process for producing such a substance
a'S aforesaid; or
(c) any invention capable of being used as or as part of a sur
gical or curative device;
the High Court shall, on application made to it by any person inter
ested, order the grant to the applicant of a licence under the patent on
such terms as it thinks fit unless it appears to the Court that there are
good reasons for refusing the application.
(2) In setting the terms of licences under this section, the High
Court shall endeavour to secure that food, medicines, and surgical
and curative devices shall be available to the public at the lowest
prices consistent with the patentees deriving a reasonable advantage
from their patent rights.
(3) A licence granted under this section shall entitle the licensee
to make, use, exercise and vend the invention as a food or medicine,
_or for the purposes of the production of food or medicine or as part
of a surgical or curative device, but for no other purposes.
(As amended by Act No. 18 of 1980)
Supplemen
tary provisions
as to licences
39. (1) Any order under this Act for the grant of a licence shall.
without prejudice to any other method of enforcement, have effect as
if it were an agreement executed by the patentee and all other neces
sary parties granting a licence in accordance with the order.