550
No. 22 of 2016]
Industrial Design
(6) A licence contract shall not have effect against third parties
until it is registered and a certificate of registration is issued in
respect thereof.
Refusal by
Registrar to
register
licenced
contract
79. (1) The Registrar may refuse to register a licence contract
which imposes unjustified restrictions on the licensee, or is prejudicial
to the economic interest of the country.
(2) The Registrar shall, before refusing to register a licence
contract as provided in subsection (1), notify the parties within
ninety days of receiving the contract and shall give the parties an
opportunity to be heard.
(3) Where the Registrar refuses to register a licence contract
but does not notify the parties to the contract or give them an
opportunity to be heard, within ninety days as provided in subsection
(2), the licence contract shall be deemed to have been registered
at the expiry of ninety days.
(5) A licence contract lodged with the Registrar shall be open
to the public for inspection.
(6) A person aggrieved by the decision of the Registrar made
in accordance with this section may, within three months of receiving
the decision, appeal to the court.
Exclusive
licence
80. (1) Where a licence contract has been granted, by a
proprietor, to a licensee as an exclusive licence, the creator shall
not grant any other licence, in respect of the same registered design,
to a third person, and shall not do anything consistent with the
ownership of the registered design.
(2) An exclusive licensee enjoys the rights of a proprietor or a
successor in title referred to in section fifty-six.
Compulsory
licence
81. (1) A person may, after three years from the date of the
registration of a design, apply to the Registrar for the grant of a
compulsory licence on any of the following grounds:
(a) that without reasonable cause, the proprietor or a successor
in title of a registered design has not meet the demand
for the design on the domestic market in Zambia;
(b) that the refusal by the creator or a successor in title to
grant a contract licence, on reasonable terms, is
prejudicial to the country’s establishment and
development of industries or commercial activities;
(c) that the applicant for a contract licence has failed to obtain
the creator’s consent for the use of a registered design,
under reasonable terms and conditions;