have been payable by a licensee or sub-licensee in respect of the registered design concerned. [Sub-s. (3) added by s. 73 of Act No. 38 of 1997.] 21. Compulsory licence in case of abuse of rights. (1) Any interested person who can show that the rights in a registered design are being abused, may apply to the court in the prescribed manner for the granting of a compulsory licence in respect of the registered design. (2) The rights in a registered design shall be deemed to be abused if— (a) articles embodying the registered design are not available to the public in the Republic on a commercial scale or to an adequate extent after the registration date, and there is in the opinion of the court no satisfactory reason therefor; (b) the availability of articles embodying the registered design in the Republic on a commercial scale or to an adequate extent is being prevented or hindered by the importation of such articles; (c) the demand for the articles embodying the registered design in the Republic is not being met to an adequate extent and on reasonable terms; (c) by reason of the refusal of the registered proprietor to grant a licence or licences upon reasonable terms, the trade or industry or agriculture of the Republic or the trade of any person or class of persons trading in the Republic, or the establishment of any new trade or industry in the Republic, is being prejudiced, and it is in the public interest that a licence or licences should be granted; or (e) the demand in the Republic for the articles embodying the registered design is being met by importation and the price charged by the registered proprietor, his licensee or agent for the said articles is excessive in relation to the price charged therefor in countries where the said articles are manufactured by or under licence from the registered proprietor or his predecessor or successor in title. (3) The registered proprietor or any other person appearing from the register to be interested in the registered design may in the prescribed manner oppose the application. (4) (a) The court may order the grant to the applicant of a licence on such conditions as it may deem fit, including a condition precluding the licensee from importing into the Republic any articles embodying the registered design. (b) If the court is of the opinion that an order directing the grant of a licence is not justified, it may refuse the application.