appears to the Tribunal that there are good reasons for refusing the application.
(1a) Subject to subsections (2) and (3), the terms of a licence under this section shall
be so framed as—
(a)
to authorise the working of the invention primarily to satisfy the
market in Zimbabwe, except in the case of a determination of anti-competitive
practices, in which case no such restriction shall apply; and
(b)
to secure to the patentee the reasonable royalty compatible with the
successful working of the invention within Zimbabwe on a commercial scale and at a
reasonable profit.
[inserted by Act 9 of 2002, with effect from the 20th December, 2002.]
(2) In settling the terms of a licence under this section the Tribunal shall endeavour to
secure that food, medicine and surgical and curative devices and environment
protection devices and any invention referred to in paragraph (d) of subsection (1)
shall be available to the public at the lowest prices consistent with the patentees
deriving a reasonable advantage from their patent rights.
[amended by the General Laws Amendment (No. 2) Act 14 of 2002 with effect from
the 24th January, 2003.]
(3) A licence granted under this section shall entitle the licensee to make, use,
exercise and vend the invention—
(a)
as a food or medicine or for the purposes of the production of food or
medicine; or
(b)
as part of a surgical or curative or environment protection device or
any invention referred to in paragraph (d) of subsection (1);
but for no other purposes.
[amended by the General Laws Amendment (No. 2) Act 14 of 2002 with effect from
the 24th January, 2003.]
(4) In addition to any other terms of a licence under this section, the licence shall be
revocable at the discretion of the Tribunal if—
(a)
the circumstances that led to its grant cease to exist and are unlikely to
recur; or
(b)
the licensee fails to—
(i)
work the invention within the time specified in the order; or
(ii)
expend the amount specified in the licence as being the amount which
he is able and willing to provide for the purpose of working the invention on a
commercial scale within Zimbabwe; or
(iii)
pay the patentee the royalties payable in terms of the licence.
[inserted by Act 9 of 2002, with effect from the 20th December, 2002.]
33
Supplementary provisions as to licences
An order under this Act for the grant of a licence shall, without prejudice to any other
method of enforcement, have effect as if it were an agreement executed by the
patentee and all other necessary parties granting a licence in accordance with the
order.
34
Use of patented inventions for service of the State
(1) Notwithstanding anything in this Act, any department of the State or any person
authorized in writing by the Minister may make, use or exercise any invention
disclosed in any specification lodged at the Patent Office for the service of the State
in accordance with this section.
(2) Any use of an invention made by virtue of subsection (1) shall be made upon such
terms and conditions as may be agreed upon between the Minister and the patentee
with the approval of the Minister responsible for finance or, in default of such
agreement, as may be determined by the Tribunal on a reference under subsection (1)
of section thirty-six.
[amended by Act 9 of 2002, with effect from the 20th December, 2002.]
(3) . . . . . .
[repealed by Act 9 of 2002, with effect from the 20th December, 2002.]