Patents
[No. 40 of 2016
(5) 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 High Court.
98. (1) Where a licence contract has been granted by the
patentee to the licensee as an exclusive licence, the patentee shall
not grant any other licence in respect of the same patent to a third
person subject to contract, and shall not do anything inconsistent
with the ownership of the patent.
(2) An exclusive licensee shall enjoy the rights of a patentee
referred to in section seventy-two.
99. (1) A person may, after three years from the date of the
grant of a patent, apply to the Minister for the grant of a compulsory
licence on any of the following grounds:
(a) that without reasonable cause, the patentee does not work
the patented process in Zambia;
(b) that the patented product or article is not available to the
public in Zambia in sufficient quantity or at an affordable
price;
(c) that the refusal by the patentee to grant a contract licence,
on reasonable terms, is prejudicial to the country’s
establishment and development of industries or
commercial activities;
(d) that the applicant for a contract licence has failed to obtain
the patentee’s consent for the use of the patented
invention, under reasonable terms and conditions;
(e) that the interest of public health or nutrition demand the
commercial working of the patented invention in Zambia;
(f) that there is a need to remedy the abuse of intellectual
property rights or anti-competitive practices; or
(g) that there is a national emergency which requires the use
of the patented invention.
(2) The Minister shall, within three months of receiving an
application for a compulsory licence, inform the patentee and give
the patentee an opportunity to be heard.
(3) Where the Minister, in consultation with the Registrar, is
satisfied with the submissions made by the patentee, disputing any
ground referred to in subsection (1), the Minister shall reject the
application made by an interested person for the grant of a
compulsory licence in respect of a patented invention.
(4) Where the Minister, in consultation with the Registrar, is
satisfied that any of the grounds, referred to in subsection (1), is
established, the Minister shall direct the Registrar to issue a
845
Exclusive
licence
Compulsory
licence