be admitted in any legal proceedings as evidence of the title of any person to a registered layout-design or to a share of, or interest in, a registered layout-design, unless the Tribunal or the court concerned otherwise directs. PART VII COMPULSORY LICENCES AND USE OF REGISTERED LAYOUT-DESIGNS BY STATE 23 Compulsory licence in respect of registered design (1) In this section¾ “anti-competitive practice” means any practice, conduct or situation which¾ (a) is an unfair trade practice for the purposes of the Competition Act, 1996 (No. 7 of 1996); or (b) is the subject of an order by the Industry and Trade Competition Commission under section 31 of the Competition Act, 1996 (No. 7 of 1996), the Commission having been satisfied that the practice, conduct or situation is contrary to the public interest; “compulsory licence” means a licence granted in terms of subsection (7). (2) If a person can show that¾ (a) he requires a compulsory licence to exploit a registered layout-design for public non-commercial use or in order to remedy an anti-competitive practice; and (b) he has tried to obtain a licence on reasonable commercial terms and conditions from the proprietor of the design concerned; and (c) his efforts to obtain a licence have been unsuccessful within a reasonable period of time; he may apply to the Registrar in the prescribed manner for a compulsory licence: Provided that no such application shall be made until¾ (a) three years has elapsed since the effective date of registration of the layout-design; or (b) four years has elapsed since the date on which the application for its registration was lodged; whichever is the later. (3) An application under subsection (2) shall— (a) set out fully the facts on which the applicant bases his case and the relief he seeks; and (b) be accompanied by an affidavit verifying the facts set out in the application. (4) If the Registrar is satisfied that an applicant under subsection (2) has made out a prima facie case for relief, he shall direct the applicant— (a) to serve copies of the application and of the relevant affidavit upon the registered proprietor of the layout-design concerned and upon any other person appearing from the Register to be interested in the design; and (b) to advertise the application in the Journal. (5) If the proprietor or any other person wishes to oppose the grant of a compulsory licence, he may, within the prescribed period or within such further period as the Registrar may on application allow, deliver to the Registrar a counter-statement, verified by affidavit, setting out fully the grounds on which the application is opposed, and at the same time shall serve copies of the counter-statement and the verifying affidavit upon the applicant. (6) When the requirements of subsections (2) to (5) have been complied with in regard to any application under this section, the Registrar shall hand all relevant papers to the registrar of the Tribunal, who shall arrange for the matter to be heard by the Tribunal. (7) Subject to this section, in an application referred to it under subsection (6) the Tribunal¾ (a) may grant the applicant a compulsory licence to exploit the registered