316 No. 6 of 2016] Layout-designs of Integrated Circuits (4) Where a layout-design is owned by more than one qualified owner, references in this Act to the qualified owner shall be to all the qualified owners so that any requirement for the consent of a qualified owner includes the consent of all qualified owners. Prospective ownership of layoutdesign 37. (1) Where, by an agreement made in relation to a future right in a layout-design that is signed by or on behalf of the person who would be the qualified owner of the right on its coming into existence, the person assigns the future right in the layout-design, wholly or partially, to an assignee, the right, on coming into existence, vests in the assignee or the assignee’s successor in title. (2) Where, at the time a layout-design right comes into existence, the person who would have been entitled to the right dies, the right shall devolve as if, immediately before the person’s death, the person had been the qualified owner of the right. (3) A licence granted in respect of a future layout-design right to a prospective qualified owner binds each successor in title to the prospective qualified owner, except a purchaser in good faith for value without actual or constructive notice of the licence and a person who derives title from the purchaser. Exclusive rights of qualified owner Compulsory licence 38. A qualified owner has the exclusive right to— (a) reproduce and authorise the reproduction of all or part of the registered layout-design, whether by incorporation into an integrated circuit or otherwise; (b) commercially exploit and authorise the commercial exploitation of the registered lay out design; and (c) prevent any person without the qualified owner’s consent from using, offering for sale, selling, distributing or importing for such purposes of a registered layout-design or an integrated circuit incorporating such a registered layout-design or an article incorporating such integrated circuit containing such registered layout-design for the use of which such person is not entitled under this Act. 39. (1) A person who claims that the person requires a licence to do any act, specified in section thirty-eight, may apply to the High Court, giving legitimate reasons, for the grant of a compulsory licence on any of the following grounds: (a) there is no production of the protected layout-design in Zambia; (b) there is no production for sale in Zambia of the protected layout-design; or