42 CAP. 400] Patents (13) The existence of a compulsory licence granted solely on the ground that an invention is not being worked in Zambia on a com­ mercial scale shall not preclude the grant of further licences (includ­ ing compulsory licences) in respect of that invention. but the holder of any compulsory licence shall not be entitled to transfer that licence or grant a sub-licence thereunder except to a person to whom the business. or the part of the business in connection with which the rights under the licence were exercised. has been transferred. (14) Except in the case of a licence to be granted under subsection (8). no licence shall be granted in terms of this section or of section thirty-eight while the relevant patent remains endorsed "licences of right" under section thirty-five. (15) For the purposes of this section. the expression "patented article" includes any article made by a patented process. (As amended by No. 36 of 1960. G.N. No. 185 of 1964 and Act No. 18 oj 1980) Inventions relating to food or certain other commodities 38. (1) Subject to the provisions of subsection (14) of section thirty-seven and without prejudice to the other foregoing provisions of this Act, where a patent is in force in respect of­ (a) a substance capable of being used as food or medicine, or in the production of food or medicine; (b) a process for producing such a substance a'S aforesaid; or (c) any invention capable of being used as or as part of a sur­ gical or curative device; the High Court shall, on application made to it by any person inter­ ested, order the grant to the applicant of a licence under the patent on such terms as it thinks fit unless it appears to the Court that there are good reasons for refusing the application. (2) In setting the terms of licences under this section, the High Court shall endeavour to secure that food, medicines, and surgical and curative devices shall be available to the public at the lowest prices consistent with the patentees deriving a reasonable advantage from their patent rights. (3) A licence granted under this section shall entitle the licensee to make, use, exercise and vend the invention as a food or medicine, _or for the purposes of the production of food or medicine or as part of a surgical or curative device, but for no other purposes. (As amended by Act No. 18 of 1980) Supplemen­ tary provisions as to licences 39. (1) Any 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 neces­ sary parties granting a licence in accordance with the order.