(a) the circumstances that led to its grant cease to exist and are unlikely to recur; or (b) the licensee fails to— (i) work the invention within the time specified in the order; or (ii) expend the amount specified in the licence as being the amount which he is able and willing to provide for the purpose of working the invention on a commercial scale within Zimbabwe; or (iii) pay the patentee the royalties payable in terms of the licence. [inserted by Act 9 of 2002, with effect from the 20th December, 2002.] (10) . . . . . . [repealed by Act 9 of 2002, with effect from the 20th December, 2002.] (11) In deciding to whom a licence is to be granted under section (7), the Tribunal shall, unless good reason is shown to the contrary, prefer an existing licensee to a person who, according to the Register, has no interest in the patent. [amended by Act 9 of 2002, with effect from the 20th December, 2002.] (12) . . . . . . [repealed by Act 9 of 2002, with effect from the 20th December, 2002.] (13) A licensee under this section shall be entitled to call upon the patentee concerned to institute any proceedings which may be necessary to prevent infringement of the patent in question and shall in all other respects have the same rights as any other licensee, and if the patentee fails, within two months after being called upon by the licensee or within such further period as the Tribunal may allow, to institute any such proceedings, the licensee may himself institute such proceedings as if he were the patentee, making the patentee a defendant, but the patentee shall not be liable for any costs in connection with such proceedings unless he enters an appearance and takes part in those proceedings. (14) The existence of a compulsory licence granted solely on the ground that an invention is not being worked in Zimbabwe on a commercial scale shall not preclude the grant of further licences, including compulsory licences, in respect of that invention, but the holder of any compulsory licence shall not be entitled to transfer that licence or grant a sub-licence thereunder except to a person to whom the business or the part of the business in connection with which the rights under the licence were exercised, has been transferred. (15) No licence shall be granted in terms of this section or of section thirty-two while an entry in terms of section twenty-nine in respect of the relevant patent remains in the Register. [amended by Act 9 of 2002, with effect from the 20th December, 2002.] (16) An appeal shall lie from any refusal of the Registrar to issue directions in terms of subsection (3). (17) For the purposes of this section— “patented article” includes any article made by a patented process. 32 Inventions relating to food or certain other commodities (1) Subject to subsection (15) of section thirty-one and without prejudice to the other foregoing provisions of this Act, where a patent is in force in respect of— (a) a substance capable of being used as food or medicine or in the production of food or medicine; or (b) a process for producing a substance referred to in paragraph (a); or (c) any invention capable of being used as or as part of a surgical or curative device or in protection of the environment; [amended by Act 9 of 2002, with effect from the 20th December, 2002.] (d) any invention capable of substantially improving the technological, social and economic development of the country. [substituted by Act 9 of 2002, with effect from the 20th December, 2002.] the Tribunal shall, on application made to it by any person interested, order the grant to the applicant of a licence under the patent on such terms as it thinks fit, unless it