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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