LAWS OF MALAWI Registered Designs (3) (4) (5) Registered Designs Cap. 49:05 Where an exclusive licence granted otherwise than for royalties or other benefits determined by reference to the use of the design is in force under the registered design then: (a) in relation to any use of the design which, but for this section and section 18, would constitute an infringement of the rights of the licensee, section 18(3) shall have effect as if for the reference to the registered proprietor there were substituted a reference to the licensee; and (b) in relation to any use of the design by the licensee by virtue of an authority given under section 18, that section shall have effect as if subsection (3) thereof were omitted. Subject to subsection (3), where the registered design or the right to apply for or obtain registration of the design has been assigned to the registered proprietor in consideration of royalties or other benefits determined by reference to the use of the design, then: (a) in relation to any use of the design by virtue of section 18, subsection (3) of that section shall have effect as if the reference to the registered proprietor included a reference to the assignor, and any sum payable by virtue of that subsection shall be divided between the registered proprietor and the assignor in such proportion as may be agreed upon between them or as may in default of agreement be determined by the Tribunal or a reference under section 21; and (b) in relation to any use of the design made for the services of the Government by the registered proprietor to the order of a Government department, section 18(3) shall have effect as if that use were made by virtue of an authority given under that section. Where, under section 18(3), payments are required to be made by a Government department to a registered proprietor in respect of any use of a design, any person being the holder of an exclusive licence under the registered design (not being such a licence as is mentioned in subsection (3) of this section) authorizing him to make that use of the design shall be entitled to recover from the registered proprietor such part, if any, of those payments as may be agreed upon between that person and the registered proprietor, or as may in default of agreement be determined by the Tribunal under section 21 to be just having regard to any expenditure incurred by that person: (a) in developing the said design; or (b) in making payments to the registered proprietor, other than royalties or other payments determined by reference to the use of the design, in consideration of the licence; and if, at any time before the amount of any such payment has been agreed upon between the Government department and the registered proprietor that person gives notice in writing of his interest to the department, any agreement as to the amount of that payment shall be of no effect unless it is made with his consent. 14