(a) until the expiration of a period of:
(i) three years commencing from the date of publication of a
work in the field of technology or of a natural or physical
science including mathematics; or
(ii) seven years commencing from the date of publication of
a work of fiction, poetry, drama or music or a book of art; or
(iii) five years commencing from the date of publication of
any other work; and
(b) unless the Minister is first satisfied that:
(i) there has never been a sale or other distribution,
authorized by the owner of the reproduction right, of copies
of the particular edition in Malawi to the general public in
connexion with systematic instructional activities, at a price
reasonably related to that charged in Malawi for comparable
works, or that there has been no such sale or other
distribution during the immediately preceding six months;
(ii) the applicant either has requested from the owner of the
right of reproduction for his authorization to reproduce the
work and has been refused or, in spite of genuine efforts
made by the applicant, he has been unable to locate the
owner;
(iii) the applicant, at the time of making the requests referred
to in subparagraph (ii), sent a notice of his request either to
the International Copyright Information Centre established
by the United Nations Educational, Scientific and Cultural
Organization, or a national or regional copyright information
centre identified as such in a notification deposited with that
organization or with the World Intellectual Property
Organization by the state in which the publisher is believed
to have his principal place of business; or
(iv) where the applicant cannot locate the owner of the right
of reproduction, the applicant has by registered mail sent
copies of the application to the publisher whose name
appears in the work and also to the centres specified in
subparagraph (iii).
(4) For the purpose of subsection (3)(b)(iii) the Society shall keep and
maintain addresses of such centres for easy reference or contact by
interested persons
(5) A licence under this section shall not be granted in respect of any
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