50, CAP. 400]
Avoidance of
certain
restrictive
conditions in
contracts
Patents
49. (1) It shall not be lawful in any contract made after the com
mencement of this Act in relation to the sale or lease of or a licence
to use or work any article or process protected by a patent to insert a
condition the effect of which will be
(a) to prohibit or restrict the purchaser, lessee or licensee from
using any article or class of articles, whether patented or
not, or any patented process, supplied or owned by any per
son other than the seller, lessor or licensor or his nominee;
or
(b) to require the purchaser, lessee or licensee to acquire from
the seller, lessor or licensor or his nominee any article or
class of articles not protected by the patent;
and any such condition shall be null and void, as being in restraint of
trade and contrary to public policy:
Provided that this subsection shall not apply if
(i) the seller, lessor or licensor proves that at the time
the contract was entered into, the purchaser, lessee
or licensee had the option of purchasing the article
or obtaining a lease or licence on reasonable terms
without such conditions as aforesaid; and
(ii) the contract entitles the purchaser, lessee or
licensee to relieve himself of his liability to observe
any such conditionon giving the other party three
months' notice in writing and on payment, if the
Registrar so directs, of compensation for such
relief, in the case of a purchase of such sum, or in
case of a lease or licence of such rent or royalty for
the residue of the term of the contract, as may be
fixed by the Registrar.
An appeal shall lie from any decision of the Registrar under pro
viso (ii).
(2) Any contract relating to the lease of or licence to use or work
any patented article or patented process may, at any time after the
patent or all the patents by which the article or process was protected
in Zambia at the time of the making of the contract has or have
ceased to be in force, and notwithstanding anything to the contrary
in the same or in any other contract, be determined by either party on
giving three months' notice in writing to the other party.
(3) Nothing in this section shall
(a) affect any condition in a contract whereby any person is
prohibited from selling any goods other than those of a par
ticular person;
(b) be construed as validating any contract which would, apart
from this section, be invalid;
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