reached as to such licence with the proprietor of the prior patent, apply to the
Registrar for a licence under the prior patent, and the Registrar may grant such a
licence on such conditions as he may impose, including a condition that such licence
shall be used only for the purpose of permitting the dependent patent to be worked
and for no other purposes:
Provided that the Registrar shall not grant such a licence unless—
(a)
the invention claimed in the dependent patent involves an important
technical advance of considerable economic significance in relation to the invention
claimed;
(b)
the proprietor of the dependent patent granted the proprietor of the
prior patent on reasonable terms a cross-licence to use the invention claims in the
dependent patent;
(c)
the use authorized in respect of the prior patent is not assignable
except with the assignment of the dependent patent.
[inserted by Act 9 of 2002, with effect from the 20th December, 2002.]
31
Compulsory licence in case of abuse or insufficient use of patent rights
(1) Subject to subsection (15), any person interested who can show that he has been
unable to obtain a licence under a patent on reasonable terms may, within a period of
six months from the initial request for a voluntary licence, apply to the Registrar in
the prescribed manner for a compulsory licence on the ground that the reasonable
requirements of the public with respect to the invention in question have not been or
will not be satisfied.
[amended by Act 9 of 2002, with effect from the 20th December, 2002.]
(2) An application under subsection (1) shall—
(a)
set out fully the nature of the applicant’s interest, the facts on which he
bases his case and the relief he seeks; and
(b)
be accompanied by an affidavit verifying the facts set out in the
application.
(3) If, after consideration of an application under subsection (1), the Registrar is
satisfied that the applicant has a bona fide interest and that a prima facie case for
relief has been made out, he shall direct the applicant—
(a)
to serve copies of the application and of the relevant affidavit upon the
patentee and upon any other person appearing from the Register to be interested in the
patent; and
(b)
to advertise the application in the Journal.
(4) If the patentee or any other person wishes to oppose the grant of a licence under
this section, he may, within the prescribed period or within such further period as the
Registrar may on application allow, deliver to the Registrar a counter-statement,
verified by affidavit, setting out fully the grounds on which the application is
opposed, and shall at the same time serve upon the applicant copies of the counterstatement and of such affidavit.
(5) When, in relation to an application or an opposition thereto, the provisions of
subsections (1) to (4) have been complied with to the extent therein required, the
Registrar shall consider the application and may—
(a)
order the grant of a licence to the applicant on such terms as the
Registrar thinks fit, including a condition precluding the licensee from importing into
Zimbabwe any patented articles.
(b)
refuse to grant the licence.
[amended by Act 9 of 2002, with effect from the 20th December, 2002.]
(6) The reasonable requirements of the public referred to in subsection (1) shall be
considered not to have been satisfied in any of the following circumstances—
(a)
if the patented invention, being an invention capable of being worked
in Zimbabwe, is not being worked therein on a commercial scale and there is no
satisfactory reason for such non-working:
Provided that, if an application for a compulsory licence is made on