Sch. PATENTS ACT (as amended) for reward of certain documents by persons not legally qualified by reason only of the preparation or signature by him of any document relating to patents for use in the Patent Office or required in any proceedings under this Act before the Registrar or the Tribunal. 64 Qualification and registration of patent agents (1) The Registrar shall— (a) keep a Register of Patent Agents in which the name of every person, immediately upon his being accepted for registration, shall be registered, showing against his name such particulars as the Registrar shall from time to time deem necessary; and (b) enter in such Register of Patent Agents all changes relating to registrations. (2) Any person ordinarily resident in Zimbabwe who— (a) has served such period of articles as may be prescribed and has passed the prescribed qualifying examinations; or (b) has passed the prescribed qualifying examinations and produces proof that he is a member in good standing of The Chartered Institute of Patent Agents incorporated by Royal Charter on the 11th August, 1891; or (c) produces proof that he holds a qualification recognized by the Minister as being equivalent to the qualifications required for the purposes of paragraph (a) or (b); may make application to the Registrar in the prescribed manner to be registered as a patent agent, and the Registrar shall arrange such registration if he is satisfied that there is no good reason why it should not be arranged and that the applicant is not a person whose name could be removed from the Register of Patent Agents under paragraph (b), (c) or (f) of subsection (1) of section sixty-five: Provided that an officer in the Public Service who has been employed in the Patent Office shall not be registered as a patent agent or be permitted to practise as such until at least twelve months have expired since he ceased to be so employed. (3) Any person who, immediately prior to the appointed day, was registered as a patent agent in terms of the Patents Act, 1957 (No. 13 of 1957) shall be deemed to have been registered as a patent agent under this Act. (4) An appeal shall lie from any decision of the Registrar made under the provisions of subsection (2). 65 Removal of names from Register of Patent Agents (1) The Registrar may remove from the Register of Patent Agents the name of any patent agent upon proof to his satisfaction that that patent agent— (a) has died; or (b) has become of unsound mind; or (c) has been adjudged insolvent under any enactment in force in Zimbabwe or has made an assignment to or composition with his creditors; or (d) has ceased to reside in Zimbabwe or has ceased to maintain a place of business therein; or (e) has applied for his name to be so removed; or (f) has, after being convicted in Zimbabwe or elsewhere of the crime of theft, fraud, forgery or uttering a forged document or perjury, been sentenced to serve a term of imprisonment without the option of a fine, whether such sentence is suspended or not, and has not received a free pardon; or (g) having been entitled to practise as a legal practitioner or to be registered as a patent agent, has ceased to be so entitled; or (h) having been entitled to practise as a legal practitioner or a patent agent, has ceased to practise as such. (2) An appeal shall lie from any decision of the Registrar made under the provisions of subsection (1). (3) Subject to this section and such procedure as may be prescribed, the Tribunal may order the Registrar to remove the name of any patent agent from the Register of Patent Agents or may suspend any patent agent from practising as such for such time as it thinks fit if it is satisfied, after due inquiry, that such person has been guilty— (a) of conduct discreditable to a patent agent; or (b) of a breach of any regulations prescribing the conduct of patent agents. (4) No order shall be made by the Tribunal in terms of subsection (3) unless the patent agent concerned has been given notice of any allegations made against him and has had an opportunity to adduce evidence and to be heard. (5) Any institute or other organization recognized by the Minister as being representative of the patent agents in Zimbabwe shall be entitled to be represented, to adduce evidence and to be heard by the Tribunal before it makes any order in terms of subsection (3). (6) Where the name of any patent agent has been removed from the Register of Patent Agents under the provisions of subsection (1) or (2), his name shall not be restored to that Register except by direction of the Tribunal, which may further direct that such restoration shall be made either without fee or on payment of such fee, not exceeding the registration fee, as it may fix, and the Registrar shall restore the name accordingly. 66 Privileges of attorneys Every person entitled to practise as a legal practitioner in Zimbabwe may practise as a patent agent and perform the functions set out in section sixty-three without being registered as a patent agent, but no such person shall be entitled to be so registered except under the provisions of section sixty-four. 67 Entitlement to practise as patent agent and power of Controller to refuse to deal with certain agents (1) No person shall practise as a patent agent unless he is registered as such or is, by virtue of the provisions of section sixty-six, entitled so to practise. (2) A person shall be deemed to practise as a patent agent if— (a) he performs any of the functions of a patent agent set out in section sixty-three; or (b) he carries on within Zimbabwe the business of applying for or obtaining for others patents in Zimbabwe or elsewhere. (3) No person who is not a legal practitioner or registered as a patent agent shall describe himself as, or hold himself out to be, a patent agent or use any term implying such a meaning, nor shall such a person permit himself to be so described or held out. (4) No person who is not a legal practitioner, whether or not he is registered as a patent agent, shall describe himself as, or hold himself out to be, a patent attorney or attorney for patents or use any term containing the word “attorney”, nor shall such a person permit himself to be so described or held out.

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