The Laws of Zambia
(3) If and so far as the design has not been so recorded or applied as aforesaid, any
use of the design made by virtue of this section at any time after the date of registration
thereof, or in consequence of any such communication as aforesaid, shall be made upon
such terms as may be agreed upon, either before or after the use, between the Minister
and the registered proprietor with the approval of the Minister responsible for finance, or
as may in default of agreement be determined by the High Court on a reference under
subsection (1) of section twenty-one.
(4) The authority of the Minister in respect of a design may be given under this
section either before or after the design is registered and either before or after the acts in
respect of which the authority is given are done, and may be given to any person, whether
or not he is authorised directly or indirectly by the registered proprietor to use the design.
(5) Where any use of a design is made by a Government department or any person
authorised by the Minister under this section, then, unless it appears to the Minister that it
would be contrary to the public interest so to do, the Minister shall notify the registered
proprietor as soon as practicable after the use is begun, and furnish him with such
information as to the extent of the use as he may from time to time require.
(6) For the purposes of this Part, any use of a design for the supply to the
government of any country outside Zambia, in pursuance of any agreement or
arrangement between the Government and the government of that country, of articles
required for the defence of that country shall be deemed to be a use of the design for the
services of the State, and the power of a Government department or a person authorised
by the Minister under this section to use a design shall include power-
(a)
to sell such articles to the government of any country in pursuance of any
such agreement or arrangement as aforesaid; and
(b)
to sell to any person any articles made in the exercise of the powers
conferred by this section which are no longer required for the purpose for
which they were made.
(7) The purchaser of any articles sold in the exercise of powers conferred by this
section, and any person claiming through him, shall have power to deal with them in the
same manner as if the rights in the registered design were held on behalf of the State.
(As amended by G.N. No. 187 of 1964 ,
S.I. No. 175 of 1965 and Act No. 16 of 1980)
19. (1) In this section, "exclusive licence" means a licence from a registered
proprietor which confers on the licensee or on the licensee and persons authorised by
him, to the exclusion of all other persons (including the registered proprietor), any right in
respect of the registered design.
(2) In relation to any use of a registered design, or a design in respect of which an
application for registration is pending, made for the services of the StateCopyright Ministry of Legal Affairs, Government of the Republic of Zambia
Rights of third parties
in respect of State use
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