Sch. PATENTS ACT (as amended) 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)24 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. (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 25; or (d) any invention capable of substantially improving the technological, social and economic development of the country;26 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 appears to the Tribunal that there are good reasons for refusing the application. (1a)27 Subject to subsections (2) and (3), the terms of a licence under this section shall be so framed as— (a) to authorise the working 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. (2) In settling the terms of a licence under this section the Tribunal shall endeavour to secure that food, medicine and surgical and curative devices and environment protection devices and any invention referred to in paragraph (d) of subsection (1) shall be available to the public at the lowest prices consistent with the patentees deriving a reasonable advantage from their patent rights. 28 (3)29 A licence granted under this section shall entitle the licensee to make, use, exercise and vend the invention⎯ (a) as a food or medicine or for the purposes of the production of food or medicine; or (b) as part of a surgical or curative or environment protection device or any invention referred to in paragraph (d) of subsection (1); but for no other purposes. (4)30 In addition to any other terms of a licence under this section, 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. 33 Supplementary provisions as to licences An order under this Act for the grant of a licence shall, without prejudice to any other method of enforcement, have effect as if it were an agreement executed by the patentee and all other necessary parties granting a licence in accordance with the order. 34 Use of patented inventions for service of the State (1) Notwithstanding anything in this Act, any department of the State or any person authorized in writing by the Minister may make, use or exercise any invention disclosed in any specification lodged at the Patent Office for the service of the State in accordance with this section. (2)31 Any use of an invention made by virtue of subsection (1) shall be made upon such terms and conditions as may be agreed upon between the Minister and the patentee with the approval of the Minister responsible for finance or, in default of such agreement, as may be determined by the Tribunal on a reference under subsection (1) of section thirty-six. (3)32 … (4) The authority of the Minister in respect of an invention may be given under subsection (1)— (a) either before or after the patent is granted and either before or after the acts in respect of which the authority is given are done; and (b) to any person, whether or not he is authorized directly or indirectly by the patentee to make, use, exercise or vend the invention. (5) Where any use of an invention is made by or with the authority of the Minister under subsection (1), then, unless it appears to him that it would be contrary to the public interest so to do, the Minister shall notify the patentee 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 section and sections thirtyfive and thirty-six, any use of an invention for the supply to the government of a country outside Zimbabwe, in pursuance of any agreement or arrangement between the Government of Zimbabwe and the government of that country, of articles required for the defence of that country shall be deemed to be a use of the invention for the service of the State, and the power of a department of the State or a person