42
Compulsory
translation
licence
Copyright
No. 26
60.__(1) Where a work is expressed exclusively in words, the
right to make a translation of that work and to publish it in Malawi
may be subject to compulsory licensing conditions specified in this
section.
(2) A person who is a citizen of Malawi or has his habitual
residence in Malawi may, subject to the provisions of this section,
apply to the Minister for a nonexclusive licence�� to make a
translation of a work, which is expressed exclusively in words, into
any language in general use in Malawi, be it a foreign language or
a local language of Malawi, and to publish or authorize the
publication of the translation in copies.
(3) No application for a licence under this section shall be filed
until the expiration of a period of__
(a) three years commencing from the date of the first publication
of the work in copies, if the licence is for translation into a foreign
language of Malawi; or
(b) one year commencing from the date of the first publication of
the work in copies, if the licence is for translation into any other
language of Malawi.
(4) A licence under this section shall not be granted unless the
Minister is satisfied that__
(a) no translation of the work into the language in question has
ever been published in copies by or under the authority of the owner
of the right of translation, or that all previous editions in that
language are out of print;
(b) following the expiration of the relevant period specified in
subsection (3), the applicant has requested the owner of the right of
translation for consent to translate the work but has been refused or,
in spite of genuine efforts made by the applicant, he has been unable
to locate the owner;
(c) the applicant, at the time of making the request referred to in
paragraph (b), sent a notice of his request to the International
Information Centre established by the United Nations Educational,
Scientific and Cultural Organization (hereinafter referred to as
“UNESCO”), or to a national or regional copyright information
centre identified as such in a notification deposited with the Director
General of UNESCO or with the Director General of the World
Intellectual Property Organization (hereinafter referred to as WIPO)
by the state in which the publisher is believed to have his principal
place of business; or