Layout-designs of Integrated
Circuits
[No. 6 of 2016
317
(c) there is production of the protected layout-design in Zambia
but the protected layout-design produced is sold at
unreasonably high prices or does not meet the public
demand without any legitimate reason.
(2) An application to the High Court, in accordance with
subsection (1), shall only be made after the applicant for the
compulsory licence has made efforts to obtain authorisation from
the qualified owner, on reasonable commercial terms and conditions,
but such efforts have not been successful within a reasonable period
of time.
(3) If the High Court is satisfied that any of the grounds referred
to in subsection (1) has been established, the High Court may make
an order for the grant of a compulsory licence in accordance with
the application made to the High Court.
(4) The High Court shall, where it makes an order for the
grant of a compulsory licence, specify in the order the remuneration
to be paid to the qualified owner, taking into account the economic
value of the compulsory licence granted.
(5) A compulsory licence granted, in accordance with
subsection (3), shall be—
(a) non-exclusive and non-assignable; and
(b) subject to the payment of the remuneration specified in
accordance with subsection (4).
(6) A compulsory licence granted, in accordance with this
section may, on the application of the qualified owner, be terminated
by the High Court if the Court is satisfied that the ground on which
the compulsory licence was granted has ceased to exist.
40. (1) A right in a registered layout-design is movable
property and is transmissible by any means by which such property
may be lawfully transmitted, including assignment, licence,
testamentary instrument and operation of law.
(2) A transmission of a layout-design, as provided in subsection
(1), may be total or partial and shall not be effective unless it is in
writing, signed by or on behalf of the qualified owner and registered
in accordance with this Act.
(3) A transmission of a layout-design, as provided in subsection
(1), binds each successor in title to the qualified owner, except a
purchaser in good faith for value without actual or constructive
notice of the transmission and a person who derives title from the
purchaser.
Transmission
of layoutdesign