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deemed to have been withdrawn in terms of this Act.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.
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