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… [Repealed]50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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