before or after the acts in respect of which the authority is given are
done, and may be given to any person, whether or not he is authorised
directly or indirectly by the registered proprietor to use the design.
(5) Where any use of a design is made by a Government department or
any person authorised by the Minister under this section, then, unless it
appears to the Minister that it would be contrary to the public interest so
to do, the Minister shall notify the registered proprietor as soon as
practicable after the use is begun, and furnish him with such information
as to the extent of the use as he may from time to time require.
(6) For the purposes of this Part, any use of a design for the supply to the
government of any country outside Zambia, in pursuance of any
agreement or arrangement between the Government and the government
of that country, of articles required for the defence of that country shall
be deemed to be a use of the design for the services of the State, and the
power of a Government department or a person authorised by the
Minister under this section to use a design shall include power(a)
to sell such articles to the government of any country in
pursuance of any such agreement or arrangement as aforesaid; and
(b)
to sell to any person any articles made in the exercise of the
powers conferred by this section which are no longer required for the
purpose for which they were made.
(7) The purchaser of any articles sold in the exercise of powers
conferred by this section, and any person claiming through him, shall
have power to deal with them in the same manner as if the rights in the
registered design were held on behalf of the State.
(As amended by G.N. No. 187 of 1964 ,
S.I. No. 175 of 1965 and Act No. 16 of 1980)
19. (1) In this section, "exclusive licence" means a licence from a
registered proprietor which confers on the licensee or on the licensee
and persons authorised by him, to the exclusion of all other persons
(including the registered proprietor), any right in respect of the
registered design.
(2) In relation to any use of a registered design, or a design in respect of
Rights of third
parties in
respect of State
use