Patents [CAP.400 apply tothe 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. (2) Every application under this section shall set out fully the nature of the applicant's interest, the facts. on which he bases his case and the relief he seeks, and shall be accompanied by an affidavit ver- . ifying the facts set out in such application. (3) If, after consideration of any such application. the Registrar is satisfied jhat the applicant has a bona fide interest, and that a prima facie case for relief has been made out, he shall direct the applicant to serve copies of the application and of the relevant affidavit upon the patentee and upon any other person appearing from the register to he interested in the patent, and to advertise the application in the prescribed munner. . (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 ,:'P. Registrar mayan application allow, deli ver to the Registrar a caul ter-statement, verified by affi­ davit. setting. out fully the ground'. on which the application is opposed, and shall at the same n-ne serve upon the applicant copies of the counter-statement. i (5) When. in relation to an application or an opposition thereto, the foregoi ng provisions of this section have been complied with to 'the extent therein required, the Registrar shall send aU relevant papers to the High Court. and that court shall arrange for the matter to be heard in the manner prescribed and. subject to the provisions of this section. the High Court may make such order therein as it deems just. (6) The reasonable requirements of the public referred to in sub­ section (1.\ shall be deemed not to have been satisfied in any of the following circumstances, namely: (a) if the patented invention, being an invention capable of being worked in Zambia. 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 this ground and the High Court is of the opin­ ion that the time which has elapsed since the sealing of the patent has by reason of the nature of the invention or for any other reason been insufficient to enable the invention to be worked within Zambia on a commercial scale, the High Court may make an order adjourning the hearing of the application for such period as will in its opinion be suffi­ cient for that purpose; 39

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