ss 1–2 PATENTS ACT (as amended) (5) The Controller may refuse to recognize as agent in respect of any business under this Act any person who, not being registered as a patent agent or entitled by virtue of the provisions of section sixty-six to practise as a patent agent, is, in the opinion of the Controller having regard to any other activities with which that person is primarily concerned, acting as a patent agent in applying for patents in Zimbabwe or elsewhere in the name or for the benefit of a person by whom he is employed. (6) Any person who contravenes this section 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.39 68 Prohibition of certain acts of patent agents (1) No patent agent shall have an interest, whether as a partner or manager or otherwise, in more than one firm of patent agents in Zimbabwe. (2) No patent agent shall practise under a name or title which includes the name of any person who is not or was not— (a) in his lifetime ordinarily resident in Zimbabwe; or (b) registered as a patent agent under the provisions of this Act.* (3) No person shall practise as a patent agent if he is a party to— (a) a contract of partnership; or (b) an arrangement providing for the sharing or paying over of any professional fees; relating to the business of a patent agent with any person who is prohibited from practising as a patent agent. (4) Any person who contravenes this section 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. 40 PART X APPEALS AND REFERENCES 41 69 Appeals from Registrar Where this Act provides for an appeal against a decision of the Registrar, the appeal shall be made to the Tribunal in accordance with this Part and the Intellectual Property Tribunal Act [Chapter 26:08]. 70 Time for appeals (1) (1) An appeal referred to in section sixty-nine shall be lodged with the Tribunal within three months after the appellant was notified of the decision or order against which the appeal is brought or within such further time as the Tribunal may for good cause allow. (2) The powers of the Registrar as to extensions of time under subsection (2) of section fifty-nine shall not apply in relation to the time for bringing an appeal under subsection (1). 71 Powers of Tribunal on appeal Without derogation from section 8 of the Intellectual Property Tribunal Act [Chapter 26:06], in any appeal under this Act the Tribunal may⎯ (a) confirm, set aside or vary the order or decision against which the appeal is brought; (b) exercise any of the powers which could have been exercised by the Registrar in the proceedings in connection with which the appeal is brought. 72 References to Tribunal by Registrar (1) If it appears to the Registrar that any matter to be decided by him under this Act involves a point of law or is of unusual importance or complexity, he may, after giving notice to the parties, refer the matter to the Tribunal for decision, and thereafter in relation to that matter he shall act in accordance with the decision of the Tribunal or any decision substituted therefor on appeal to the Supreme Court. (2) Where a matter has been referred to the Tribunal in terms of subsection (1), the Registrar and the parties shall be entitled to be heard by and appear before the Tribunal before any decision is made in the matter. 73 …[Repealed] 74 ...[Repealed] 75 ...[Repealed] 76 ...[Repealed] 77 ...[Repealed] 78 ...[Repealed] PART XI INTERNATIONAL ARRANGEMENTS 79 Convention countries The President may, with a view to the fulfilment of the requirements of any treaty, convention, arrangement or engagement to which Zimbabwe is a party, by proclamation in a statutory instrument, declare any country or territory to be a Convention country for the purposes of this Act. 80 Supplementary provisions as to Convention applications (1) Subject to section six— (a) any person who has applied for protection for an invention in a Convention country or his legal representative or assignee, if the assignee is also so qualified, shall be entitled to a patent for his invention under this Act, in priority to other applicants if application therefor is made within twelve months after the effective date of the first application for protection in the first Convention country in which he made such application or where more than one such application for protection has been made, from the effective date of the first such application; and (b) the patent referred to in paragraph (a) shall have the same date as the effective date of the application in such Convention country but the term of the patent shall run from the date on which the complete specification is lodged at the Patent Office: Provided that nothing in this subsection shall entitle the patentee to recover damages for infringements occurring prior to the date on which his complete specification is advertised as having been accepted in Zimbabwe. (2) Where, after the lodging of the first application in the first Convention country in respect of any invention, a subsequent application is lodged in that country in respect of the same matter, such subsequent application shall be regarded as the first application in that country in respect of that invention if, at the time of the lodging thereof— (a) the previous application has been withdrawn, abandoned or refused without having been open to public inspection; and (b) no priority rights have been claimed by virtue of such previous application; and (c) no rights are outstanding in that Convention country in connection with such previous application.