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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