PATENTS ACT (as amended) (3) A decision of the Registrar under this section shall have the same effect as between the parties and persons claiming under them as a decision of the Tribunal. (4) An appeal shall lie from any decision of the Registrar under this section. (5) Where it is claimed that an invention referred to in subsection (1) has been made jointly by two or more persons and that the interest of any such joint inventors has, by virtue of any assignment or agreement or by operation of law, been transferred to the claimant, the claimant shall be regarded, for the purposes of subsection (1), as though he were the joint inventor. 43 Disputes as to inventions made by employees (1) Where a dispute arises between an employer and a person who is or was at the material time his employee as to the rights of the parties in respect of an invention made by the employee, either alone or jointly with other employees, or in respect of any patent granted or to be granted in respect thereof, the Registrar may, upon application made to him in the prescribed manner by either of the parties and after giving to each of them an opportunity to be heard, determine the matter in dispute and may make such orders for giving effect to his decision as he considers expedient. (2) A decision of the Registrar under subsection (1) shall have the same effect as between the parties and persons claiming under them as a decision of the Tribunal. (3) An appeal shall lie from any decision of the Registrar under subsection (1). 44 Avoidance of certain restrictive conditions in contracts (1) Subject to subsection (2), it shall not be lawful in any contract made after the appointed day in relation to the sale or lease of or a licence to use or work any article or process protected by a patent to insert a condition the effect of which will be— (a) to prohibit or restrict the purchaser, lessee or licensee from using any article or class of articles, whether patented or not, or any patented process supplied or owned by any person other than the seller, lessor or licenser or his nominee; or (b) to require the purchaser, lessee or licensee to acquire from the seller, lessor or licenser or his nominee any article or class of articles not protected by the patent; and any such condition shall be null and void, as being in restraint of trade and contrary to public policy. (2) Subsection (1) shall not apply if— (a) the seller, lessor or licenser proves that at the time the contract was entered into the purchaser, lessee or licensee had the option of purchasing the article or obtaining a lease or licence on reasonable terms without the conditions referred to in subsection (1); and (b) the contract entitles the purchaser, lessee or licensee to relieve himself of his liability to observe any such condition on giving the other party three months’ notice in writing and on payment, if the Tribunal so directs, of compensation for such relief, in the case of a purchase of such sum, or in case of a lease or licence of such rent or royalty, for the residue of the term of the contract, as may be fixed by the Tribunal. (3) Any contract relating to the lease of or licence to use or work any patented article or patented process may, at any time after the patent or all the patents by which the article or process was protected in Zimbabwe at the time of the making of the contract has or have ceased to be in force, and notwithstanding anything to the contrary in the same or in ss 1–2 any other contract, be determined by either party on giving three months’ notice in writing to the other party. (4) Nothing in this section shall— (a) affect any condition in a contract whereby any person is prohibited from selling any goods other than those of a particular person; (b) be construed as validating any contract which would, apart from this section, be invalid; (c) affect any right of determining a contract or condition in a contract exercisable independently of this section; (d) affect any condition in a contract for the lease of or a licence to use a patented article whereby the lessor or licenser reserves to himself or his nominee the right to supply such new parts of the patented article as may be required to put or keep it in repair. 45 Revocation of patents (1) An application for the revocation of a patent may be made to the High Court or to the Tribunal by any person interested, including the State, upon any one or more of the grounds on which the grant of a patent might have been opposed, but, subject to the provisions of subsection (2), of proviso (ii) to paragraph (b) of subsection (7) of section eighty and of paragraph (b) of subsection (1) of section eighty-three, on no other grounds. (2) Where an order for the granting of a licence under the patent has been made in pursuance of an application under section thirty-one, any person interested may, at any time after the expiration of two years from the date of that order, apply to the High Court or to the Tribunal for the revocation of the patent upon any of the grounds specified in subsection (6) of section thirty-one and, if upon such application the High Court or the Tribunal, as the case may be, is satisfied— (a) that any of the said grounds are established; and (b) that the purpose for which an order may be made in pursuance of an application under section thirty-one could not be achieved by the making of any further order under that section; it may order the patent to be revoked. (3) An application for the revocation of a patent shall state the grounds on which the applicant relies and shall be accompanied by a statement setting out particulars of the facts alleged in support of the said grounds, and a copy of the application and of the statement shall be served by the applicant on the patentee and proof of such service shall be furnished to the registrar of the Tribunal. (4) If the patentee wishes to contest an application made in terms of subsection (1) or (2), he shall, within such time as may be prescribed or such further time as the High Court or the Tribunal, as the case may be, may allow, lodge with the registrar of the Tribunal a counter-statement setting out particulars of the grounds upon which the application is contested and deliver to the applicant a copy of that statement. (5) Except by leave of the High Court or the Tribunal, as the case may be, no evidence shall be admitted in proof of any ground, particulars of which are not delivered in terms of subsection (3) or (4). (6) Particulars delivered in terms of subsection (3) or (4) may from time to time be amended by leave of the High Court or the Tribunal, as the case may be. (7) The High Court or the Tribunal, as the case may be, shall appoint a time for the hearing of an application in terms of subsection (1) or (2), and shall thereafter decide