40 CAP. 400] Patents (b) if the working of the invention within Zambia on a com-' mercial scale is being prevented or hindered by the impor­ tation of the patented article by the patentee or persons claiming under him, or by persons directly or indirectly pur­ chasing from him or by persons against whom the patentee is not taking or has not taken proceedings for infringement; (c) if the demand for the patented article in Zambia is not being met to an adequate extent and on reasonable terms; (d) if by reason of the refusal of the patentee to grant a licence or licences upon reasonable terms, the trade or industry of Zambia or the trade of any person or class of persons trad­ ing in Zambia, or the establishment of any new trade or . industry in Zambia, is being prejudiced, and it is in the pub­ lic interest that a licence or licences should be granted; (e) if any trade er industry in Zambia, or any person or class of persons engaged therein, is being prejudiced by unfair con­ ditions attached by the patentee, whether before or after the commencement of this Act, to the purchase, hire, licence or use of the patented article, or the using or working of the patented process; if) if any condition which under the provisions of section forty-nine is null and void as being in restraint of trade and contrary to public policy, has been inserted in any contract made in relation to the sale or lease of or any licence to use or work any article or process protected by the patent: Provided that, for the purpose of determining whether there has been any abuse of the monopoly rights under a patent, due regard shall be had to the fact that patents are granted not only to encourage invention but also to secure that inventions shall so far as possible be worked on a commercial scale in Zambia without undue delay. (7) The High Court may order the grant to the applicant of a licence on such terms as it may think expedient, including a term pre­ cluding the licensee from importing into Zambia any goods whereof the importation by persons other than the patentee or persons claim­ ing under him, would be an infringement of the patent. (8) If in respect of an application under this section the High Court is satisfied that the invention which is the subject of the appli­ cation is not being worked on a commercial scale within Zambia, and is such that it cannot be so worked without the expenditure of capi­ tal for the raising of which it will be necessary to rely on the patent monopoly, it may, unless the patentee or those claiming under him will undertake to find such capital, order the grant to the applicant or any other person, or to the applicant jointly with one or more other persons, if able and willing to provide such capital, of an exclusive licence on such terms as the High Court may think just, but subject as hereinafter provided.