Industrial Design
[No. 22 of 2016
551
(d) that the interest of public health or safety demands the
commercial working of registered design in Zambia;
(e) that there is a need to remedy the abuse of intellectual
property rights or anti-competitive practices; or
(f) that there is a national emergency which requires the use
of a registered design.
(2) The Registrar shall, within three months of receiving an
application for a compulsory licence, give notice to the proprietor
or a successor in title of the application, and give the proprietor or
a successor in title an opportunity to be heard.
(3) Where the Registrar, in consultation with the Minister, is
satisfied with the submissions made by the creator, disputing any
ground referred to in subsection (1), the Registrar shall reject an
application made by an interested person for the grant of a
compulsory licence in respect of a registered design.
(4) Where the Registrar, in consultation with the Minister, is
satisfied that any of the grounds, referred to in subsection (1), is
established, the Registrar shall issue a compulsory licence to the
applicant on such terms and conditions as the Registrar considers
appropriate in the circumstances.
(5) A compulsory licence, granted by the Registrar in
accordance with subsection (4), shall not be an exclusive licence
and shall not entitle the licensee to grant further licences to third
parties, without the written consent of the proprietor.
(6) A person who is granted a compulsory licence, in
accordance with subsection (4), shall be required to pay the
proprietor such remuneration as is considered equitable, with regard
to all the circumstances, including the economic value of the licence.
(7) The Registrar may, on the request of a proprietor or licensee,
or on the order of the court, vary the terms and conditions of a
compulsory licence.
(8) Subsection (3) does not apply where a compulsory licence
is granted as a result of a national emergency.
82. The Minister may, by statutory instrument, direct the
Registrar to grant compulsory licences with respect to a product
embodying a registered design, declared by the Government, to be
of vital importance to the defence, public health, the environment
or the economy of the country.
Compulsory
licence
granted
under
regulation