PATENTS ACT (as amended) bona fide interest and that a prima facie case for relief has been made out, he shall direct the applicant— (a) to serve copies of the application and of the relevant affidavit upon the patentee and upon any other person appearing from the Register to be interested in the patent; and (b) to advertise the application in the Journal. (4) If the patentee or any other person wishes to oppose the grant of a licence under this section, he may, within the prescribed period or within such further period as the Registrar may on application allow, deliver to the Registrar a counter-statement, verified by affidavit, setting out fully the grounds on which the application is opposed, and shall at the same time serve upon the applicant copies of the counter-statement and of such affidavit. (5)17 When, in relation to an application or an opposition thereto, the provisions of subsections (1) to (4) have been complied with to the extent therein required, the Registrar shall consider the application and may⎯ (a) order the grant of a licence to the applicant on such terms as the Registrar thinks fit, including a condition precluding the licensee from importing into Zimbabwe any patented articles; (b) refuse to grant the licence. (6) The reasonable requirements of the public referred to in subsection (1) shall be considered not to have been satisfied in any of the following circumstances— (a) if the patented invention, being an invention capable of being worked in Zimbabwe, is not being worked therein on a commercial scale and there is no satisfactory reason for such non-working: Provided that, if an application for a compulsory licence is made on this ground and the Tribunal is of the opinion that the time which has elapsed since the sealing of the patent has by reason of the nature of the invention or for any other reason been insufficient to enable the invention to be worked within Zimbabwe on a commercial scale, the Tribunal may make an order adjourning the hearing of the application for such period as will in its opinion be sufficient for that purpose; (b) if the working of the invention within Zimbabwe on a commercial scale is being prevented or hindered by the importation of the patented article by— (i) the patentee or persons claiming under him; or (ii) persons directly or indirectly purchasing from the patentee; or (iii) persons against whom the patentee is not taking or has not taken proceedings for infringement; (c) if the demand for the patented article in Zimbabwe is not being met to an adequate extent and on reasonable terms; (d) if, by reason of the refusal of the patentee to grant a licence or licences upon reasonable terms, the trade or industry of Zimbabwe or the trade of any person or class of persons trading in Zimbabwe or the establishment of any new trade or industry in Zimbabwe is being prejudiced, and it is in the public interest that a licence or licences should be granted; (e) if any trade or industry in Zimbabwe or any person or class of persons engaged therein is being prejudiced by unfair conditions attached by the patentee, whether before or after the appointed day, to the purchase, hire, licence or use of the patented article or to the using or working of the patented process; (f) if any condition, which under section forty-four is null and void as being in restraint of trade and contra- ss 1–2 ry to public policy, has been inserted in any contract made in relation to the sale or lease of or any licence to use or work any article or process protected by the patent: Provided that, for the purpose of determining whether there has been any abuse of the monopoly rights under a patent, due regard shall be had to the fact that patents are granted not only to encourage invention but also to secure that inventions shall so far as possible be worked on a commercial scale in Zimbabwe without undue delay. (6a)18 In the event of a practice determined after judicial or administrative process to be anti-competitive, the requirements contained in subsection (1) that the interested person shows that he has been unable to obtain a licence shall not apply. (7) The Tribunal may order the grant to the applicant of a licence on such terms as it may think expedient, including a term precluding the licensee from importing into Zimbabwe any goods the importation whereof, by persons other than the patentee or persons claiming under him, would be an infringement of the patent. (8)19 The terms of a licence ordered to be granted under subsection (7) shall be so framed as— (a) to authorise the making, use or vend of the invention primarily to satisfy the market in Zimbabwe, except in the case of a determination of anti-competitive practices, in which case no such restriction shall apply; and (b) to secure to the patentee the reasonable royalty compatible with the successful working of the invention within Zimbabwe on a commercial scale and at a reasonable profit; and (c) to be based on product-specific research and development costs, taking into account the domestic market share of the total world market: Provided that paragraph (b) shall not be construed as to exclude the need to correct anti-competitive practices which may be taken into account in determining the amount of remuneration in such cases. (9)20 In addition to any other terms of a licence ordered to be granted under subsection (7), the licence shall be revocable at the discretion of the Tribunal if— (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. (10)21 … (11)22 In deciding to whom a licence is to be granted under subsection (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. (12)23 ... (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,