The Laws of Zambia (a) by a Government department or a person authorised by the Minister under section eighteen; or (b) by the registered proprietor or applicant for registration to the order of a Government department; the provisions of any licence, assignment or agreement made, whether before or after the commencement of this Act, between the registered proprietor or applicant for registration or any person who derives title from him or from whom he derives title and any person other than a Government department, shall be of no effect so far as those provisions restrict or regulate the use of the design, or any model, document or information relating thereto, or provide for the making of payments in respect of any such use, or calculated by reference thereto; and the reproduction or publication of any model or document in connection with the said use shall not be deemed to be an infringement of any copyright subsisting in the model or document. (3) 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 the provisions of this section and section eighteen, would constitute an infringement of the rights of the licensee, subsection (3) of section eighteen 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 eighteen, that section shall have effect as if subsection (3) thereof were omitted. (4) Subject to the provisions of 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 eighteen, 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 High Court on a reference under section twenty-one; and (b) in relation to any use of the design made for the services of the State by the registered proprietor to the order of a Government department, subsection (3) of section eighteen shall have effect as if that use were made by virtue of an authority given under that section. Copyright Ministry of Legal Affairs, Government of the Republic of Zambia