ss 1–2 PATENTS ACT (as amended) (b) lodge at the Patent Office a translation of the application into a language prescribed in regulations made under the Treaty, unless the application was filed in such a language or has been published under the Treaty as a translation into such a language; and if the applicant fails to do so the application shall be deemed to have been withdrawn in terms of this Act. (9) The Registrar shall deal with international applications in accordance with this Act, the Treaty and regulations made thereunder: Provided that, in the event of inconsistency between this Act and the provisions of the Treaty or the regulations or administrative instructions made thereunder, the Treaty and those regulations and instructions shall prevail. (10) The Minister shall cause a statutory instrument to be published in the Gazette setting out the provisions of the Treaty and any regulations made under the Treaty, and shall amend the statutory instrument whenever necessary to record any amendment of the Treaty or those regulations. 83 Protection of inventions communicated under international agreements (1) Subject to this section, regulations in terms of section ninety-five may provide for securing that, where an invention has been communicated in accordance with an agreement or arrangement made between the Government of Zimbabwe and the government of any other country for the supply or mutual exchange of information or articles— (a) an application for a patent for an invention so communicated made by a person, his legal representative or assignee, entitled under section six to make such application, shall not be prejudiced, and a patent granted on such an application shall not be invalidated by reason only that the invention has been communicated as aforesaid or that in consequence thereof— (i) the invention has been published, made, used, exercised or vended; or (ii) an application for a patent has been made by any other person or a patent has been granted on such an application; (b) any application for a patent made in consequence of such a communication as aforesaid by a person who is not entitled so to do under section six may be refused and any patent granted on such an application may be revoked. (2) Regulations referred to in subsection (1) may provide that the publication, making, use, exercise or vending of an invention or the making of any application for a patent in respect thereof shall, in such circumstances and subject to such conditions or exceptions as may be prescribed by the regulations, be presumed to have been in consequence of such a communication as is mentioned in that subsection. (3) The powers of the Minister under this section, so far as they are exercisable for the benefit of persons from whom inventions have been communicated to the Government of Zimbabwe by the government of any other country, shall only be exercised if and to the extent that the Minister is satisfied that substantially equivalent provision has been or will be made under the law of that country for the benefit of persons whose inventions have been communicated by the Government of Zimbabwe to the government of that country. (4) References in subsection (3) to the communication of an invention to or by the Government of Zimbabwe or the government of any other country shall be construed as including references to the communication of the invention by or to any person authorized in that behalf by the government in question. PART XII OFFENCES AND PENALTIES 84 Falsification of certain documents Any person who— (a) makes or causes to be made a false entry in the Register, knowing the entry to be false; or (b) makes or causes to be made, or produces or tenders or causes to be produced or tendered in evidence, any writing falsely purporting to be a copy of an entry in the Register, knowing the writing to be false; 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.43 85 Deceiving or influencing Registrar or other officer (1) Any person who— (a) for the purpose of deceiving the Registrar, an examiner or any other officer of the Patent Office in the execution of this Act; or (b) for the purpose of procuring or influencing the doing or omission of anything in relation to this Act or any matter thereunder;* makes or submits a false statement or representation, whether orally or in writing, knowing the same to be false, 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.44 (2)* Any person who, having innocently made a false statement or representation, whether orally or in writing, for the purpose of procuring or influencing the doing or omission of anything in relation to this Act or any matter thereunder and who, on becoming aware that such statement or representation was false, fails to advise the Registrar forthwith of such falsity, 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.45 86 Witness giving false evidence Any person who, after having been sworn or having in lieu thereof made an affirmation or declaration, wilfully gives false evidence before the Registrar or the Tribunal concerning the subject-matter of the proceeding in question, knowing such evidence to be false or not knowing or believing it to be true, 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.46 87 Prohibition on trafficking in patents by officers (1) Any officer of the Patent Office who buys, sells, acquires or trafficks in any invention or patent or any right under a patent 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. 47 (2) Every purchase, sale or acquisition and every assignment of any invention or patent by or to any officer of the Patent Office shall be null and void. (3) Nothing in this section contained shall apply to the inventor or to any acquisition by bequest or devolution in law.