ss 1–2 PATENTS ACT (as amended) (5) Any opposition to a request for a correction in terms of subsection (1) may be lodged and shall be dealt with by the Registrar in the manner prescribed. (6) An appeal shall lie from any decision of the Registrar under this section. expressly otherwise provided, extend the time, either before or after its expiration, if he is satisfied that the failure to comply with the provisions relating to such time has not been or will not be due to any neglect or default on the part of the person concerned. 55 Rectification of Register (1) The Tribunal may, on the application of any person aggrieved, order the Register to be rectified by the making of any entry therein or the variation or deletion of any entry therein. (2) The Tribunal may determine any question which it may be necessary or expedient to decide in connection with the rectification of the Register. (3) Notice of an application to the Tribunal in terms of subsection (1) shall be given in the prescribed manner to the Registrar and all interested parties, and the Registrar and all such parties shall be entitled to appear and be heard on the application. (4) An order made by the Tribunal under this section shall be served on the Registrar in the prescribed manner and the Registrar shall, on the receipt of the notice, rectify the Register accordingly. 60 Proceedings before Registrar (1) Evidence in any proceedings before the Registrar under this Act shall be given by affidavit, so, however, that the Registrar may, if he thinks fit in any particular case, take oral evidence on oath in lieu of or in addition to such evidence as aforesaid, and may allow any witness to be cross-examined on his affidavit or oral evidence. (2)* For the purposes of any proceedings before the Registrar under this Act, the Registrar shall have the same powers, rights and privileges as are conferred upon a commissioner by the Commissions of Inquiry Act [Chapter 10:07], other than the powers to order a person to be detained in custody, and sections 9 to 13 and 15 to 19 of that Act shall apply, mutatis mutandis, in relation to the hearing and determination of any matter before the Registrar under this Act and to any person summoned to give evidence or giving evidence before him. PART VIII FUNCTIONS OF REGISTRAR IN RELATION TO CERTAIN EVIDENCE, DOCUMENTS AND P OWERS OF REGISTRAR 56 Evidence of certain entries and documents (1)* A certificate purporting to be signed by the Registrar and certifying that any entry the making of which is or was at the time authorized by or under this Act has or has not been made or that any other thing which is or was at the time so authorized to be done has or has not been done shall be prima facie evidence of the matters so certified. (2) A copy of an entry in the Register or of any document kept in the Patent Office or of any patent or an extract from the Register or any such document purporting to be certified by the Registrar and sealed with the seal of the Patent Office shall be admitted in evidence without further proof and without production of the original. 57 Requests for information as to patent or patent application The Registrar shall, on request made to him in the prescribed manner by any person and on payment of the prescribed fee, furnish the person making the request with such information relating to any patent or application for a patent as may be specified in the request, being information in respect of any such matters as may be prescribed. 58 Loss or destruction of patent Where the Registrar is satisfied that a patent has been lost or destroyed or cannot be produced, he may at any time cause a duplicate thereof to be sealed on payment of such fee as may be prescribed. 59 Exercise of discretionary powers of Registrar (1) Without prejudice to any provisions of this Act requiring the Registrar to hear any party to proceedings thereunder or to give to any such party an opportunity to be heard, the Registrar shall give to any applicant for a patent or for amendment of a specification an opportunity to be heard before exercising adversely to the applicant any discretion vested in the Registrar by or under this Act. (2) Subject to subsection (2) of section seventy-six, where by this Act any time is specified within which any act or thing is to be done, the Registrar may, save where it is 61 Registrar may award costs (1) The Registrar may award costs against any party to any proceedings before him and in favour of any other party to those proceedings. (2) If any party to proceedings before the Registrar is resident outside Zimbabwe or has no immovable property therein, the Registrar may, on the application of any other party to the proceedings, order that security to the satisfaction of the Registrar be lodged or given by the firstmentioned party in respect of any costs which may be awarded against him in those proceedings and may refuse, until such security has been lodged or given, to permit such proceedings to be continued. (3) Unless otherwise agreed between the parties, any costs awarded in terms of subsection (1) shall be taxed by the Registrar in accordance with the provisions prescribed in respect of the awarding of costs in terms of subsection (1), and any such costs may be recovered by action in a court of competent jurisdiction. (4) An appeal shall lie from any decision of the Registrar made under the provisions of this section. 62 Advertisements to be approved by Registrar No advertisement or notice, other than a notice issued under the authority of the President or the Minister, shall be published by any person under this Act unless the Registrar has approved the form and contents of such advertisement or notice, and no advertisement or notice which has not been so approved shall have any force or effect for the purposes of this Act. PART IX PATENT AGENTS 63 Patent agents and their functions (1) Subject to this Act, a patent agent may act as agent on behalf of any person in connection with any matter or proceeding before the Registrar under this Act and may draw and sign all documents and make all communications between an applicant and the Patent Office and may represent an applicant at all attendances before the Registrar. (2) A patent agent shall not be guilty of an offence under the provisions of any enactment prohibiting the preparation

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