PATENTS ACT (as amended) Provided that the Registrar shall not make an order in terms of this paragraph unless he is satisfied that the failure to pay any renewal fee in connection with the patent was unintentional and that no undue delay has occurred in the making or prosecution of the application. (6) An order in terms of subsection (5) restoring a patent— (a) may be made subject to such conditions as the Registrar thinks fit, including a condition requiring the registration in the Register of any matter in respect of which the provisions of this Act relating to entries in the Register have not been complied with; and (b) shall contain the provision specified in subsection (7) for the protection of persons who may have availed themselves of the subject-matter of the patent after a lapse of a period of six months from the date on which the renewal fee was due; and if any condition imposed in terms of this subsection is not complied with by the patentee, the Registrar may, after giving to the patentee an opportunity to be heard, revoke the order and give such directions consequential on the revocation as he thinks fit. (7) The provision referred to in paragraph (b) of subsection (6) shall be that the patentee shall not commence or prosecute any action or other proceedings or recover damages— (a) in respect of any infringement of the patent which has taken place after the lapse of the said period and before the date of the order; (b) in respect of any use of the subject-matter of the patent at any time after the date of the order by the employment of any means or composition of matter actually made within or imported into Zimbabwe or in respect of any process put into operation in Zimbabwe in infringement of the patent after the lapse of the said period and before the date of the order or in respect of the sale, purchase or use of any article which is the product of the use of the said means, composition of matter or process: Provided that the employment of the said means, composition of matter or process shall be limited to the person by or for whom the said means, composition of matter or process was so made, imported or put into operation, his legal representative, his successors or assigns or his vendees, as the case may be; (c) in respect of the employment at any time after the date of the order of any further means, composition of matter or process, being a reproduction or improvement of the means, composition of matter or process referred to in paragraph (b) or in respect of the sale, purchase or use of any article which is the product of the said further means, composition of matter or process: Provided that the employment of the said further means, composition of matter or process shall be limited to a person entitled to use as specified in paragraph (b) the means, composition of matter or process specified in that paragraph. (8) An appeal shall lie from any decision of the Registrar under this section. 29 Licences of right (1) At any time after the sealing of a patent the patentee may apply to the Registrar for the patent to be registered as one in respect of which licences may be issued as of right: ss 1–2 Provided that no such application may be made in respect of an exclusive licence. (2) Where an application has been made in terms of subsection (1), the Registrar shall notify the application to any person entered on the Register as being entitled to an interest in the patent and, if satisfied, after giving any such person an opportunity to be heard, that the patentee is not precluded by contract from granting licences under the patent, cause to be entered in the Register notice that licences in respect thereof may be issued as of right. (3) Where an entry in the Register is made in terms of subsection (2) in respect of a patent— (a) any person shall, at any time thereafter, be entitled as of right to a licence under the patent upon such terms as may, in default of agreement and subject to subsection (4), be settled by the Registrar on the application of the patentee or the person requiring the licence;* (b) the Registrar may, on the application of the holder of any licence granted under the patent before the entry in the Register, order the licence to be exchanged for a licence to be granted by virtue of the entry upon terms to be settled in terms of paragraph (a); (c) if in proceedings for infringement of the patent, otherwise than by the importation of goods, the defendant undertakes to take a licence upon terms to be settled by the Registrar in terms of paragraph (a), no interdict shall be granted against him, and the amount, if any, recoverable against him by way of damages shall not exceed double the amount which would have been payable by him as licensee if such a licence had been granted before the earliest infringement; (d) the renewal fees payable in respect of the patent after the date of the entry in the Register shall be one-half of the renewal fees which would be payable if the entry were not made. (4) In settling the terms of the licence for the purposes of paragraph (a) or (b) of subsection (3), the Registrar shall— (a) take cognizance of section thirty-two with respect to a patent falling under that section; and (b) provide, inter alia, for the following matters— (i) the period of the licence; (ii) the terms of renewal, if any; (iii) the amount of and method for payment of royalties; (iv) arrangements for cancellation of the licence upon application made to him by the patentee after failure by the licensee to pay royalties or to observe any other conditions included in the licence by the Registrar, who is hereby authorized to include such conditions, so, however, that no such licence may be cancelled unless the licensee, after reasonable notice given to him by the patentee, has failed to observe such conditions. (5) The licensee under any licence granted by virtue of an entry in the Register made in terms of this section shall, unless, in the case of a licence the terms of which are settled by agreement, the licence otherwise expressly provides, be entitled to call upon the patentee to take proceedings to prevent any infringement of the patent, and if the patentee refuses or neglects to do so within two months after being so called upon, the licensee may institute proceedings for the infringement in his own name as if he were patentee, making the patentee a defendant: