316 No. 6 of 2016]
Layout-designs of Integrated
Circuits
(4) Where a layout-design is owned by more than one qualified
owner, references in this Act to the qualified owner shall be to all
the qualified owners so that any requirement for the consent of a
qualified owner includes the consent of all qualified owners.
Prospective
ownership
of layoutdesign
37. (1) Where, by an agreement made in relation to a future
right in a layout-design that is signed by or on behalf of the person
who would be the qualified owner of the right on its coming into
existence, the person assigns the future right in the layout-design,
wholly or partially, to an assignee, the right, on coming into existence,
vests in the assignee or the assignee’s successor in title.
(2) Where, at the time a layout-design right comes into
existence, the person who would have been entitled to the right
dies, the right shall devolve as if, immediately before the person’s
death, the person had been the qualified owner of the right.
(3) A licence granted in respect of a future layout-design right
to a prospective qualified owner binds each successor in title to the
prospective qualified owner, except a purchaser in good faith for
value without actual or constructive notice of the licence and a
person who derives title from the purchaser.
Exclusive
rights of
qualified
owner
Compulsory
licence
38. A qualified owner has the exclusive right to—
(a) reproduce and authorise the reproduction of all or part of
the registered layout-design, whether by incorporation
into an integrated circuit or otherwise;
(b) commercially exploit and authorise the commercial
exploitation of the registered lay out design; and
(c) prevent any person without the qualified owner’s consent
from using, offering for sale, selling, distributing or
importing for such purposes of a registered layout-design
or an integrated circuit incorporating such a registered
layout-design or an article incorporating such integrated
circuit containing such registered layout-design for the
use of which such person is not entitled under this Act.
39. (1) A person who claims that the person requires a licence
to do any act, specified in section thirty-eight, may apply to the
High Court, giving legitimate reasons, for the grant of a compulsory
licence on any of the following grounds:
(a) there is no production of the protected layout-design in
Zambia;
(b) there is no production for sale in Zambia of the protected
layout-design; or