Sch. PATENTS ACT (as amended) 88 Unauthorized claim of patent right (1) If any person falsely and without reasonable cause, the proof whereof lies on him, represents that— (a) any article sold by him is a patented article; or (b) an application has been made for a patent in respect of any article sold by him; he shall be guilty of an offence and liable to a fine not exceeding level seven or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.48 (2) For the purposes of subsection (1), a person who sells an article having stamped, engraved or embossed thereon or otherwise applied thereto— (a) the word “patent” or “patented” or any Zimbabwe patent number or any other word expressing or implying that the article is patented, shall be deemed to represent that the article is a patented article; (b) the words “patent applied for” or “patent pending” or any other words expressing or implying that a patent has been applied for, shall be deemed to represent that an application has been made for a patent in respect of that article. 89 Unauthorized use of certain words If any person, other than a person appointed in terms of section three, uses on his place of business or on any document issued by him or otherwise the words “Patent Office” or any other words suggesting that his place of business is, or is officially connected with the Patent Office, he shall be guilty of an offence and liable to a fine not exceeding level six or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment. 49 90 … [Repealed]50 PART XIII GENERAL 91 Lodging and authentication of documents (1) Any application, notice or document authorized or required under this Act to be lodged, made or given at the Patent Office or to the Registrar or any other person, may be delivered by hand or sent by registered post. (2) No authentication shall be required in respect of any document lodged in the Patent Office under the provisions of this Act and used in proceedings before the Registrar or the Patents 92 Expenses of administration All moneys necessary for the administration of this Act shall be paid out of moneys appropriated for the purpose by Act of Parliament. 93 Provisions as to fees (1) Where, under this Act, a fee is payable— (a) in respect of the performance of any act by the Registrar, the Registrar shall not perform that act until the fee has been paid; or (b) in respect of the doing of any act by any person other than the Registrar, the act shall be deemed not to have been done until the fee has been paid; or (c) in respect of the lodging of a document, the document shall be deemed not to have been lodged until the fee has been paid. (2) All fees shall be paid at the Patent Office in such manner as the Registrar, with the approval of the Minister, may accept. 94 Saving for certain forfeitures Nothing in this Act shall affect the right of the State or of any person deriving title directly or indirectly from the State to sell or use articles forfeited to the State under the provisions of any enactment. 95 Patent and Trade Marks Journal (1) The Controller shall publish a journal, to be called the Patent and Trade Marks Journal, containing particulars of applications for patents and other proceedings or matters arising under this Act, together with such reports of cases and other relevant matters as the Minister may deem fit. (2) The Controller shall make provision for selling copies of the Journal at such price and in such manner as the Minister may direct. 96 Power to make regulations (1) The Minister may make regulations prescribing anything which under this Act is to be prescribed and generally for the better carrying out of the objects and purposes of this Act or to give force or effect to its provisions or for its better administration. (2) Regulations made by the Minister may provide for— (a) the form of applications for patents and of any specifications, drawings or other documents which may be lodged at the Patent Office, and the furnishing of copies of any such documents; (b) the procedure to be followed in connection with any application or request to the Registrar or any proceedings before him, and the authorizing of the rectification of irregularities of procedure; (c) the number of times any advertisement or notice which is required by this Act to be given in the Journal shall be so given; (d) the service of notices and other documents required to be served in connection with proceedings under this Act; (e) the qualifications for eligibility to enter into articles with a patent agent and matters relating to such articles or service thereunder; (f) examinations for the qualifications of patent agents in terms of this Act, the recognition for such purpose of qualifications obtained either in or outside Zimbabwe, and the fees to be paid in connection with the registration of patent agents; (g) the conduct of the business of the Patent Office; (g1) the provision of services by the Patent Office, including the provision of information regarding patents, and the fees and charges payable for such services 51; (h) other fees payable under this Act and fees which may be charged in relation to the conduct of patent business by patent agents and legal practitioners performing the functions of patent agents; (i) authorizing the publication and the sale of copies of specifications, drawings and other documents in the Patent Office and of indexes to and abridgements of such documents; (j) the professional conduct of patent agents; (k) giving effect to any international treaty or agreement which relates to patents and to which Zimbabwe is a party52. 97 [Repealed]53 SCHEDULE (Section 82)

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