8.7.2 IP Exploitation Patent exploitation can be through actual production of goods and services or through licensing whereby third parties are allowed to use the patent via payment of fees and royalties to the patent holder. However, if a patent holder deliberately refuses to allow others to exploit such an invention, non-voluntary licensing could be instituted as provided for under the article A (2) of the Paris Convention. There are also national laws that may allow exploitation of an invention without consent from the IPR holder especially if this is in public interest. These situations could include national defence, national economic wellbeing or public health. The South African Patents Act 57 of 1978 provides protection to patent holders and so do the various national patent laws for Malawi, Zambia, and Zimbabwe. A patent holder would enjoy such rights of protection fora maximum period of sixteen years in the case of Zambia. However, to be in conformity with World Trade Organisation TRIPS Agreement, this period needs to be increased to the maximum of twenty years.
100 It takes three to four years fora patent to be granted and takes further time to buildup portfolio of patents and to successfully sell and manage many contingencies that can arise with technology licences. There is typically a year lag between making an academic research discovery until first introduction of anew commercial product or process based on that discovery (Mansfield, 1991 quoted in Evenson). Slow rates of technology diffusion can mean royalties grow only slowly.