The Patents Act (Chapter 400, as amended up to Act No. 13 of 1994), Zambia

12 CAP. 400] . Patents

Convention 8. (1) Subject to the provisions of section eleven, any person who

applications

qualifies under Article 2 or 3 of the Convention and who has applied for protection for an invention in a convention country or his legal representative or assignee (if such 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 in terms of this Act 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 the patent 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

(i)

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 Zambia;

(ii)

no patent granted on a convention application lodged within twelve months after the date stated in terms of section seven shall bear a date or be effective from a date prior to the date so stated.

(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 invention, 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the previous application has been withdrawn, abandoned or refused without having been open to public inspection; and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.

(3)

An application which has been withdrawn, abandoned or refused shall not, after the lodging of the subsequent application, be capable of supporting a claim for priority rights under this section.

(4)

Where all the rights of each of two or more applicants referred to in subsection (1) who have made application for protection of inventions in anyone or more convention countries have become vested in the same person, those applications shall for the purposes of subsection (4) of section thirteen be deemed to have been made by the same applicant. .

Patents [CAP.400 17

13. (I) Every application for a patent. other than a convention application. shall be accompanied by either a complete specification or a provisional specification and every convention application shall be accompanied by acomplete specification.

•

, (2) If a complete specification does not accompany an application. it shall be lodged within twelve months after the date of lodging of the application or within such further period. not exceeding three monthssas the Registrar may in writing allow upon payment of the prescribed fee. and if the provisions of this subsection are not complied with the application shall lapse. .

(3)

Where two or more applications accompanied by provisional specifications have been lodged in respect of inventions which are cognate or of which~me is a modification of another. a single complete specification may, subject to the provisions of this section and section fourteen. be lodged in pursuance of those applications. or, if more than one complete specification has been lodged, may with the leave of the Registrar be proceeded with in respect of those applications.

(4)

Where applications for protection have been made in one or more convention countries in respect of two or more inventions which are cognate or of which one is a modification of another, a single convention application may, subject to the provisions of sections eleven and fourteen, be made in respect of those inventions at any time within twelve months from the effective date of the earliest of the said applications for protection.

(5)

In consic-ving the validity of applications made in terms of subsection (3) or (4) and in determining other relevant matters under this Act, the Registrar shall have regard to the effective dates of the applications or the convention applications concerned relating to the sexeral matters claimed in the specification, and the requirements of subsection (4) of section twelve shall, in the case of any such application, apply separately to the applications for protection in respect of each of the said inventions.

(6)

Where an application for a patent. not being a convention application, is accompanied by a specification purporting to be a .omplete specification, the Registrar may. if the applicant so requests at any time before the acceptance of the specification, direct that it shall be treated for the purposes of this Act as a provisional specification and proceed with the application accordingly.

(7)

Where a complete specification has been lodged in pursuance of an appli-ation for a patent accompanied by a provisional specification or by a specification treated by virtue of a direction under subsection (6) as a provisional specification. the Registrar may, if the applicant so requests at any time before the acceptance of the complete specification. cancel the provisional specification and post-date the application to the date of lodging of the complete specification.

Complete and provisional specifications

CAP. 400]

Contents of specification

Effective date of claims of complete specification

Patents

14. (1) Every specification shall indicate whether it is a provisional or a complete specification and shall commence with a title sufficiently indicating the subject to which the relevant invention relates.

(2)

A provisional specification shall fairly describe the invention.

(3)

A complete specification shall

(a)

fully describe the invention and the manner in which it is to be performed;

(b)

disclose the best method of performing the invention known to the applicant at the time when the specification is lodged at the Patent Office; and

(c)

end with a claim or claims defining the subject-matter for which protection is claimed.

(4)

The claim or claims of a complete specification must relate to a single invention, must be clear and succinct, and must be fairly based on the matter disclosed in the specification.

(5)

Every specification shall be accompanied by drawings if required by the Registrar, and such drawings shall be deemed to be part of the specification, but if drawings which accompanied a provisional specification are sufficient for the purpose of a complete specification, it shall suffice if that complete specification refers to such drawings.

(6)

Subject to the foregoing provisions of this section, a complete specification lodged at the Patent Office after a provisional specification, or with a convention application, may include claims in respect of developments of or additions to the invention which was described in the provisional specification or, as the case may be, in respect of which application for protection was made in a convention country, being developments of or additions in respect of which the applicant would be entitled to make a separate application for a patent:

Provided that an application shall, in so far as the complete specification contains claims in respect of any such developments or additions. be deemed to have been made on the date on which the complete specification was lodged at the Patent Office.

(7) Where a complete specification claims a new substance, the claim shall be construed as not extending to that substance when found in nature.

15. (1) Every claim of a complete specification shall have effect from the date prescribed by this section in relation to that claim and a patent shall not be invalidated by reason only of the publication or use of the invention, so far as claimed in any claim of the complete

specification, on or after the effective date of that claim, or by the grant of another patent upon a specification claiming the same invention ia a claim of the same or later effective date.

(2)

Whe~e the complete specification is lodged in pursuance of a single application preceded by a provisional specification or by a specification which is treated by virtue of a direction under subsection (6) of section thirteen as a provisional specification, and the claim is fairly based on the matter disclosed in that specification, the effective date of that claim shall be the effective date of the application.

(3)

Where the complete specification is lodged or proceeded with in pursuance of two or more applications accompanied by such specifications as are mentioned in subsection (2), and the claim is.fairly based on the matter disclosed in one of those specifications, the effective date of that claim shall be the effective date of the application accompanied by that specification.

(4)

Where the complete specification is lodged in pursuance of a convention application and the claim is fairly based on the matter disclosed in the application for protection in a convention country or, where the convention application is founded upon more than one such application for protection, in one of those applications, the effective date of that claim shall be the effective date of the relevant application for protection.

(5)

Where, under the foregoing provisions of this section, any claim of a complete specification would, but for this provision, have two or more effective dates, the effective date of that claim shall be the earlier or earliest of those dates.

(6)

In any case to which subsection (2), (3), (4) or (5) does not apply, the effective date of a claim shall be the date of lodging of the complete specification in Zambia.

(As amended by G.N. No. 185 of 1964)

16. (I) The Registrar shall examine every application for a patent and every specification accompanying such application or lodged at the Patent Office in pursuance of such application, in order to ascertain

(a)

whether such application or specification complies with the requirements of this Act;

(b)

in the case of a complete specification lodged after a provisional specificaticr , or of a convention application, whether the invention claimed is substantially the same as that disclosed in the provisional specification or in the application lodged in the convention country, as the case may be.

Examination of applications and specifications

20 CAP. 400] Patents

Ante-dating and postdating of applications

(2)

Any examination or investigation required in terms of subsection (1) may, on the direction of the Registrar, be undertaken by an examiner who shall report his findings on any such examination or investigation to the Registrar.

(3)

An examination or investigation required by the provisions of this Act shall not be deemed to warrant the validity of any patent, and no liability shall be incurred by the Government, the Minister, the Registrar or any officer of the Patent Office by reason of or in connection with any such examination or investigation or report or other proceeding consequent thereon.

(As amended by G.N. No. 185 of 1964)

17. (1) At any time after an application has been lodged under this Act 'and before acceptance of the complete specification, the Registrar may., at the request of the applicant and upon payment of the prescribed fee, direct that the application shall be post-dated to such date as may be specified in the request:

Provided that

(i)

no application shall be post-dated under this subsection to a date later than six months from the date on which it was actually lodged or would, but for this subsection, be deemed to have been so lodged; and

(ii)

a convention application shall not be post-dated under this subsection to a date later than the last date on which, under the provisions of this Act, the application could have been made.

(2)

Where an application or specification lodged under this Act is amended before acceptance of the complete specification, the Registrar may direct that the application or specification shall be post-dated to the date on which it is amended or, if it has been returned to the applicant, to the date on which it is again lodged under this Act.

(3)

Where, at any time after an application or specification has been lodged at the Patent Office and before acceptance of the complete specification, a fresh application or specification is lodged in respect of any part of the subject-matter of the first-mentioned application or specification, the Registrar may direct that the fresh application or specification shall be antedated to a date not earlier than the date of lodging of the first-mentioned application or specification.

(4)

An appeal shall lie from any decision of the Registrar under subsection (2) or (3).

18. (I) If it appears to the Registrar in the case of any application for a patent

(0)

that it is frivolous on the ground that it claims as an invention anything obviously contrary I to well-established natural laws; or

(b)

that the use of the invention in respect of which the application is made would be contrary to law or morality; or

(c)

that it claims as an invention a substance capable of being used as food or medicine which is a mixture of known ingredients possessing only the aggregate of the known properties of the ingredients, or that it claims as an invention a process producing such a substance by mere admixture;

he may refuse the application.

(2) If it appears to the Registrar that any invention in respect of which an application for a patent is made might be used in any manner contrary to law, he may refuse the application unless the specification is amended by the insertion of such disclaimer in respect of that use of the invention. or such other reference to the illegality thereof. as the Registrar thinks fit.

(3)' An appeal shall lie from any decision of the Registrar under this section.

. 19. (I) If, in the case of a complete specification lodged in pursuance of an application for a patent, which application was accompanied by a provisional specification, the result of any examination or investigation made in terms of section sixteen is adverse to the applicant in regard to any matter referred to in that section, or it is found that the invention described in the complete specification is not substantially the same as that described in the provisional specification or that the complete specification includes an invention not included in the provisional specification, the Registrar may, subject to the provisions of subsection (6) of section fourteen

(0)

refuse to accept the complete specification until it has been amended to his satisfaction;

(b)

with the consent of the applicant, cancel the provisional specification and direct that the application be post-dated to the date upon which the complete specification was lodged at the Patent Office; or

(c)

where the complete specification includes an invention not included in the provisional specification, allow the application to be proceeded with in so far as the invention included both in the provisional and in the complete specification is concerned and allow an application for the additional invention included in the complete specification to be made and authorise the application for such additional invention,

Refusal of application in certain cases

Powers of Registrar if specification or application defective

22 CAP. 400] Patents

Lapsing of applications

if lodged at the Patent Office within such period as he may determine, to be dated with the date on which the complete specification was lodged at the Patent Office.

(2)

If the case of a convention application it 'is found that the invention claimed is not substantially the same as that claimed in the application made in the convention country in question, the Registrar may, subject to the provisions of subsection (6) of sectionfourteen

(a)

refuse to accept the application until it has been amended to his satisfaction; or

(b)

with the consent of the applicant, treat the application as an application in terms of section twelve.

(3)

If in the case of a convention application it is found that the specification lodged in Zambia includes an invention not included in the specification lodged in the convention country, the Registrar may allow the application to be proceeded with in so far as the invention included in both the convention and the Zambian specification is concerned, and allow an application for the additional invention to be made and authorise such application, if lodged at the Patent Office within the period he may determine, to be dated with the date on which the Zambian specification was lodged at the Patent Office.

(4)

An appeal shall lie from any decision of the Registrar under this section.

(As amended by G.N. No. 185 of1964)

20. (1) If a complete specification is not accepted within thirty months from the date of lodging of an application, the application shall lapse unless

(a)

an appeal has been lodged in respect of the application;

(b)

the time within which such appeal may be lodged has not expired; or

(c)

the delay in accepting the specification was not due to any neglect or default on the part of the applicant:

Provided that where an application is made for an extension of time for the acceptance of a complete specification, the Registrar shall, on payment of the prescribed fee, grant an extension of time to the extent applied for, but not exceeding three months.

(2) If, at the expiration of the period allowed under the provisions of subsection (1), an appeal to the High Court is pending under any of the provisions of this Act in respect of the application (or, in the case of an application for a patent of addition, either in respect of that application or in respect of the application for the patent for the main invention) or the time within which such an appeal could be brought

Patents [CAP.400 31

29. The term of every patent shall, subject to the provisions of this Act, be

(a)

in the case of a patent granted under this Act, sixteen years from the date of-lodging of the complete specification at the Patent Office;

(b)

in the case of a patent granted under the Patents (Southern Rhodesia) Act, Chapter 208 of the 1948 Edition of the Laws, fourteen years from the date the paten~ was sealed;

(c)

in the case of a patent registered under the Registration of United Kingdom Patents Act, Chapter 205 of the 1957 Edition of the Laws, the term of the relevant United Kingdom patent;

(d)

in the case of a patent granted under the Patents (Transitional Provisions) Act, 1958, the period specified in paragraph (b) or (c), as the case may be.

(No. 12 of 1959as amended by GN No. 185 of 1964 and S.l. No. 175 of 1965)

30. (1) A patentee or an exclusive licensee may, after advertising in the prescribed manner, apply to the Registrar for an extension of the term of the relevant patent on anyone or more of the following grounds, namely:

I

(a)

that he has not derived adequate remuneration from that patent;

(b)

that by reason of hostilities between the Republic or any country of the Commonwealth and any foreign state, he has suffered loss or damage including

(i)

loss or damage arising out of action taken in pursuance of an official request to keep secret the specification of the invention to which the patent relates; and

(ii)

loss of opportunity for dealing in or developing the invention on account of-

A.

the fact that he or his employees were engaged in work of national importance; or

B.

lack of supplies or loss of markets as a result of such hostilities, wherever such lack or loss occurs.

~2) Any such application may be made

(a) in the case of an application under paragraph (a) of subsection (1), not more than twelve and not less than six months before the date of expiration of the term of the patent in question or at such later time, being not later than the date of expiration of the patent, as the Registrar may allow; end

Term of patent

Extension of patent

(b)

in the case of an application under paragraph (b) of subsection (I), at any time before the date of expiration of the patent or within two years after the date on which hostilities ceased, whichever is the later date.

(3)

Any person may within the prescribed time give written notice to the Registrar and the applicant of objection to any such extension, and the Registrar shall fix a date for the hearing of the application and shall advise the applicant and any objector of the date so fixed.

(4)

The Registrar may, after hearing the applicant and any person who may have objected to the extension, refuse the application or order the extension of the term of the patent in question for such period and subject to such conditions as it may deem fit or, if the patent has already lapsed, order the issue of a new patent for such a period and subject to such conditions:

Provided that no such extension shall be granted

(i)

on the grounds mentioned in paragraph (a) of subsection (1) for a term exceeding five years or, in what the Registrar may deem to be exceptional circumstances, ten years; or

(ii)

on the grounds mentioned in paragraph (b) of suosection (I), for a term exceeding the period of hostilities.

(5) The provisions of section thirty-four shall mutatis mutandis apply in respect of any extension of the term of a patent granted as a result of an application under paragraph (b) of subsection (1):

Provided that in the application of those provisions the reference in that section to a period of three months from the date on which any renewal fee referred to therein was due shall be construed as a reference to the date on which any patent whereof the term is extended under this section lapsed by effluxion of time.

(6)

An extension of the term of a patent under this section shall be endorsed on the relevant patent by the Registrar and recorded in the register.

(7)

Except where the Registrar otherwise decides, an application based on the grounds specified in paragraph (b) of subsection (1) shall not be considered if the patentee or exclusive licensee is a subject of such foreign state as is referred to in that paragraph or is a company the business whereof is managed or controlled by such subjects or is carried on wholly or mainly for the benefit or on behalf of such subjects, notwithstanding that the company may be registered in accordance with the provisions of the Companies Act.

Cap. 388

Patents [CAP.400 33

(8) An appeal shall lie from any decision of the Registrar under this Section.

(As amended by C.N. No. 185 of 1964; S.l. No. 175 of 1965 and AcT No. 18 of 1980)

31. (I) Subject to the provisions of this section, where an application for a patent is pending or has been granted thereon for an invention (hereinafter referred to as the main invention) and the applicant or patentee applies for a further patent in respect of any improvement in or modification ofthe main invention, the Registrar may, if the applicant so requests, grant a patent for the improvement or modification as a patent of addition.

(2)

Subject to the provisions of this section, where an invention, being an improvement in or modification of another invention, is the subject of an independent patent and the patentee in respect of that patent is also the patentee in respect of the patent for the main invention, the Registrar may, if the patentee so requests, by order revoke the patent for the improvement or modification and grant to the patentee a patent of addition in respect thereof, bearing the same date as the date of the patent so revoked.

(3)

A patent -hall not be granted as a patent of addition unless the date ~f lodging of the complete specification was the same as or later than the date of lodging of the complete specification in respect of the main invention.

. (4) A patent of addition shall not be sealed before the sealing of the patent for the main invention. and if the period within which, but for this provi Ion. I-Je sealing of a patent of addition could be made under section.' <y-five expires before the period within which the sealing of the patent for the main invention may be so made. the sealing of the patent of addition may be made at any time within the lastmentioned period.

(5) A patent of addition shall remain in force for as long as the patent for the main invention shall remain in force, including any extension of the term thereof but no longer, and no fees shall be payable for renewal of a patent of addition:

Provided that. where the patent for the main invention is revoked, the Registrar or the High Court, as the case may be, may order that the patent of addition shall become an independent patent, and the fees payable in respect of such independent patent and the times for the payment thereof shall be determined according to the date of the former patent of addition. but the normal term of the independent patent shall not extend beyond the date on which the patent for the main invention would have expired if it had not been revoked.

(6) The grant of a patent of addition shall be conclusive evidencethat the invention is a proper subject for such a patent, and shall not

Patents of addition

CAP. 400]

Renewalof

patents

Restoration of .lapsedpatents

Patents

be refused, nor shall any such patent be liable to be revoked or invalidated, on the ground only that the invention claimed in the complete specification does not involve any inventive step having regard to the main invention, so, however, that the provisions of this subsection shall not apply to an independent patent referred to in the proviso to subsection (5).

(7)

A patent for a main invention and its patent of addition shall not be capable of assignment apart from one another.

(8)

An appeal shall lie from any decision of the Registrar under this section.

(As amended by Act No. 18 of 1980)

32. (1) Subject to the provisions of this section, every patent, including a patent granted or registered under the Registration of United Kingdom Patents Act, Chapter 205 of the 1957 Edition of the Laws, or the Patents (Southern Rhodesia) Act, Chapter 208 of the 1948 Edition of the Laws, or the Patents (Transitional Provisions) Act, 1958, shall.lapse if the fees prescribed for its renewal are not paid within the prescribed times.

(2) The Registrar may, upon application of the patentee' and subject to the payment of such additional fees as may be prescribed, extend the time for payment of a fee referred to in subsection (1) for a period not exceeding six months.

(No. 12 of 1959 as amended by No. 36 of1960,

G.N. No. 185 of 1964 and S.l. No. 175 of1965)

33. (1) Where a patent has lapsed owing to the failure of the patentee to pay any prescribed fee within the prescribed time, the patentee may in the prescribed manner apply to the Registrar for the restoration of the patent.

(2)

Ifthe Registrar is satisfied that such failure was unintentional, and that no undue delay has occurred in making the application, he shall direct the patentee to advertise the application in the prescribed manner, and thereupon any person may within such time as may be prescribed give notice in the prescribed manner of opposition to the restoration of the patent.

(3)

If there is no opposition to such restoration, the Registrar shall, on payment of the unpaid renewal fees, make an order restoring the patent.

(4)

Where notice of opposition is given, the Registrar shall notify the applicant thereof and shall, after the expiration of the prescribed period and after hearing the applicant and the objector, decide the matter and make an order either restoring the patent, subject to the provisions of section thirty-four, or dismissing the application.

Patents [CAP.400 39

apply tothe Registrar in the prescribed manner for a compulsory licence on the ground that the.reasonable requirements of the public with respect to the invention in question have not been or will not be satisfied.

(2)

Every application under this section shall set out fully the nature of the applicant's interest, the facts. on which he bases his case and the relief he seeks, and shall be accompanied by an affidavit ver-. ifying the facts set out in such application.

(3)

If, after consideration of any such application. the Registrar is satisfied jhat the applicant has a bona fide interest, and that a prima facie case for relief has been made out, he shall direct the applicant to serve copies of the application and of the relevant affidavit upon the patentee and upon any other person appearing from the register to he interested in the patent, and to advertise the application in the prescribed munner. .

(4)

If the patentee or any other person wishes to oppose the grant of a licence under this section, he may, within the prescribed period or within such further period as ,:'P. Registrar mayan application allow, deli ver to the Registrar a caul ter-statement, verified by affidavit. setting. out fully the ground'. on which i the application is opposed, and shall at the same n-ne serve upon the applicant copies of the counter-statement.

(5)

When. in relation to an application or an opposition thereto, the foregoi ng provisions of this section have been complied with to 'the extent therein required, the Registrar shall send aU relevant papers to the High Court. and that court shall arrange for the matter to be heard in the manner prescribed and. subject to the provisions of this section. the High Court may make such order therein as it deems just.

(6)

The reasonable requirements of the public referred to in subsection (1.\ shall be deemed not to have been satisfied in any of the following circumstances, namely:

(a)

if the patented invention, being an invention capable of being worked in Zambia. is not being worked therein on a commercial scale and there is no satisfactory reason for such non-working:

Provided that, if an application for a compulsory licence is made on this ground and the High Court is of the opinion that the time which has elapsed since the sealing of the patent has by reason of the nature of the invention or for any other reason been insufficient to enable the invention to be worked within Zambia on a commercial scale, the High Court may make an order adjourning the hearing of the application for such period as will in its opinion be sufficient for that purpose;

40 CAP. 400] Patents

(b)

if the working of the invention within Zambia on a com-' mercial scale is being prevented or hindered by the importation of the patented article by the patentee or persons claiming under him, or by persons directly or indirectly purchasing from him or by persons against whom the patentee is not taking or has not taken proceedings for infringement;

(c)

if the demand for the patented article in Zambia is not being met to an adequate extent and on reasonable terms;

(d)

if by reason of the refusal of the patentee to grant a licence or licences upon reasonable terms, the trade or industry of Zambia or the trade of any person or class of persons trading in Zambia, or the establishment of any new trade or

. industry in Zambia, is being prejudiced, and it is in the public interest that a licence or licences should be granted;

(e)

if any trade er industry in Zambia, or any person or class of persons engaged therein, is being prejudiced by unfair conditions attached by the patentee, whether before or after the commencement of this Act, to the purchase, hire, licence or use of the patented article, or the using or working of the patented process;

if) if any condition which under the provisions of section forty-nine is null and void as being in restraint of trade and contrary to public policy, has been inserted in any contract made in relation to the sale or lease of or any licence to use or work any article or process protected by the patent:

Provided that, for the purpose of determining whether there has been any abuse of the monopoly rights under a patent, due regard shall be had to the fact that patents are granted not only to encourage invention but also to secure that inventions shall so far as possible be worked on a commercial scale in Zambia without undue delay.

(7)

The High Court may order the grant to the applicant of a licence on such terms as it may think expedient, including a term precluding the licensee from importing into Zambia any goods whereof the importation by persons other than the patentee or persons claiming under him, would be an infringement of the patent.

(8)

If in respect of an application under this section the High Court is satisfied that the invention which is the subject of the application is not being worked on a commercial scale within Zambia, and is such that it cannot be so worked without the expenditure of capital for the raising of which it will be necessary to rely on the patent monopoly, it may, unless the patentee or those claiming under him will undertake to find such capital, order the grant to the applicant or any other person, or to the applicant jointly with one or more other persons, if able and willing to provide such capital, of an exclusive licence on such terms as the High Court may think just, but subject as hereinafter provided.

(9) The terms of any exclusive licence ordered to be granted under subsection (8) shall, with due regard to the risks to be undertaken by the licer.see in providing the capital and working the invention. be so framed as

(1I) to secure to the patentee the maximum royalty compatible with the successful working of the invention within Zambia on a commercial scale and at a reasonable profit;

(b) to guarantee to the patentee a minimum yearly sum by way of royalty, if and so far as it is reasonable to do so;

and in addition to any other terms of the licence or order, the licence and the order shall be made revocable at the discretion of the High Court if the licensee fails to

(i)

work the invention within the time specified in the order;

(ii)

expend the amount specified in the licence as being the amount which he is able and willing to provide for the purpose of working the invention on a commercial scale within Zambia; or

(iii) pay to the patentee the royalties payable in terms of the licence.

(10)

In deciding to whom an exclusive licence is to be granted, the High Court shall. unless good reason is shown to the contrary, prefer an existing licensee to a person who, according to the register, has no interest in the patent.

(II)

The order directing the grant of an exclusive licence under this section shaIl operate to divest the patentee of any right which he may have as patentee to work or use the invention, and to revoke all existing licences, unless otherwise provided in the order, and may, if considered fair and equitable by the High Court, be made subject to the condition that the licensee shall give proper compensation to be fixed by-the High Court for any money or labour expended by the patentee or any existing licensee in developing or working the invention.

(12)

A licensee under this section shall be entitled to call upon the patentee concerned to institute any proceedings which may be necessary to prevent infringement of the patent in question and shall in all other respects have the same rights as any other licensee, and if the patentee fails within two months after being called upon by the licensee. or within such further period as the High Court may allow, to institute any such proceedings, the licensee may himself institute such proceedings as if he were the patentee, making the patentee a defendant. but the patentee shall not be liable for any costs in connection with such proceedings unless he enters an appearance and takes part in those proceedings.

Inventions relating to food or certain other commodities

Supplementary provisions as to licences

(13)

The existence of a compulsory licence granted solely on the ground that an invention is not being worked in Zambia on a commercial scale shall not preclude the grant of further licences (including compulsory licences) in respect of that invention. but the holder of any compulsory licence shall not be entitled to transfer that licence or grant a sub-licence thereunder except to a person to whom the business. or the part of the business in connection with which the rights under the licence were exercised. has been transferred.

(14)

Except in the case of a licence to be granted under subsection (8). no licence shall be granted in terms of this section or of section thirty-eight while the relevant patent remains endorsed "licences of right" under section thirty-five.

(15)

For the purposes of this section. the expression "patented article" includes any article made by a patented process.

(As amended by No. 36 of 1960. G.N. No. 185 of 1964 and Act No. 18 oj 1980)

38. (1) Subject to the provisions of subsection (14) of section thirty-seven and without prejudice to the other foregoing provisions of this Act, where a patent is in force in respect of

(a)

a substance capable of being used as food or medicine, or in the production of food or medicine;

(b)

a process for producing such a substance a'S aforesaid; or

(c)

any invention capable of being used as or as part of a surgical or curative device;

the High Court shall, on application made to it by any person interested, order the grant to the applicant of a licence under the patent on such terms as it thinks fit unless it appears to the Court that there are good reasons for refusing the application.

(2)

In setting the terms of licences under this section, the High Court shall endeavour to secure that food, medicines, and surgical and curative devices shall be available to the public at the lowest prices consistent with the patentees deriving a reasonable advantage from their patent rights.

(3)

A licence granted under this section shall entitle the licensee to make, use, exercise and vend the invention as a food or medicine,

_or for the purposes of the production of food or medicine or as part of a surgical or curative device, but for no other purposes.

(As amended by Act No. 18 of1980)

39. (1) Any order under this Act for the grant of a licence shall. without prejudice to any other method of enforcement, have effect as if it were an agreement executed by the patentee and all other necessary parties granting a licence in accordance with the order.

Patents [CAP.400 49

teredo the Registrar may. upon application made to him in the prescribed manner by any such other person. give directions empowering any person to execute that instrument or to do that thing in the name and on behalf of the person in default.

" (8) Before giving directioris in pursuance of an application under subsection (6) or (7), the Registrar-shall give an opportunity to be heard

(a)

in the case of an application under subsection (6). to the other person ("If persons registered as patentees;

(b)

in the case of an application under subsection (7). to the person in default.

(9)

An appeal shall lie from any decision of the Registrar under this section.

(10)

No directions shall be given under this section so as to affect the mutual rights or obligations of trustees or of the legal representatives of a deceased person, or their rights or obligations as such.

48. (I) Where a dispute arises between an employer and a person who is or was at the material time his employee-as to the rights of the parties in respect of an invention made by the employee either alone or jointly with other employees or in respect of any patent granted or to be granted in respect thereof. the Registrar may. upon application

" made to him in the prescribed manner by either of the parties. and after giving to each of them an opportunity to be heard. determine the matter in dispute. and may make such orders for giving effect to his decision as he considers expedient.

(2)

In proceedings before the High Court between an employer and a person who is or was at the material time his employee, or upon an application made £0 tile Registrar under subsection (I). the High Court or Registrar, as the case may be. may, unless satisfied that one or other .of the parties is entitled, to [he exclusion of the other, to the benefit of an invention made by the employee. by order provide for the apportionment between them of "the benefit of the invention. and of any patent granted or to be granted in respect thereof. in such manner as the High Court or Registrar considers just

(3)

A decision of the Registrar under this section shall have the same effect as between the parties and 'persons claiming under them as 1 decision of the High Court.

(4)

An appeal shall lie from any decision of the Registrar under this section.

Disputes as to inventions made by employees

50, CAP. 400] Patents

Avoidance of certain restrictive conditions in contracts

49. (1) It shall not be lawful in any contract made after the commencement of this Act in relation to the sale or lease of or a licence to use or work any article or process protected by a patent to insert a condition the effect of which will be

(a)

to prohibit or restrict the purchaser, lessee or licensee from using any article or class of articles, whether patented or not, or any patented process, supplied or owned by any person other than the seller, lessor or licensor or his nominee; or

(b)

to require the purchaser, lessee or licensee to acquire from the seller, lessor or licensor or his nominee any article or class of articles not protected by the patent;

and any such condition shall be null and void, as being in restraint of trade and contrary to public policy:

Provided that this subsection shall not apply if

(i)

the seller, lessor or licensor proves that at the time the contract was entered into, the purchaser, lessee or licensee had the option of purchasing the article or obtaining a lease or licence on reasonable terms without such conditions as aforesaid; and

(ii)

the contract entitles the purchaser, lessee or licensee to relieve himself of his liability to observe any such conditionon giving the other party three months' notice in writing and on payment, if the Registrar so directs, of compensation for such relief, in the case of a purchase of such sum, or in case of a lease or licence of such rent or royalty for the residue of the term of the contract, as may be fixed by the Registrar.

An appeal shall lie from any decision of the Registrar under proviso (ii).

(2)

Any contract relating to the lease of or licence to use or work any patented article or patented process may, at any time after the patent or all the patents by which the article or process was protected in Zambia at the time of the making of the contract has or have ceased to be in force, and notwithstanding anything to the contrary in the same or in any other contract, be determined by either party on giving three months' notice in writing to the other party.

(3)

Nothing in this section shall

(a)

affect any condition in a contract whereby any person is prohibited from selling any goods other than those of a particular person;

(b)

be construed as validating any contract which would, apart from this section, be invalid;

(c)

affect any nght of determining a contract or condition in a contract exercisable independently of this section;

(d)

affect any condition in a contract for the lease of or a licence to use a patented article. whereby the lessor or licensor reserves to himself or his nominee the right to supply such new parts of the patented article as may be required to put or keep it in repair.

(As amended by C.N. No. 185 of 1964)'

50. (1) Application for revocation of a patent may be made to the High Court by any person interested. including the State, upon anyone or more of the grounds on which the grant of a patent might have been opposed, but subject to the provisions of subsection (2), of proviso (ii) to paragraph (b) of subsection (7) of section eight, and of paragraph (b) of subsection (1) of section ten, on no other grounds.

(2)

Where an order for the granting of a licence under the patent has been made in pursuance of an application under section thirtyseven any person interested may, at any time after the expiration of two years from the date of that order, apply to the High Court for the revocation of the patent upon any of the grounds specified in subsection (6) of the said section thirty-seven; and if upon such application the High Court is satisfied

(a)

that any of the said grounds are established; and

(b)

that the purpose for which an order may be made in pursuance of an application under the said section thirty-seven could not be achieved by the making of any further order under that section;

it may order the patent to be revoked.

(3)

Any such application shall state the grounds on which the applicant relies, and shall be accompanied by a statement setting out particulars of the facts alleged in support of the said grounds, and a copy of the application and of the statement shall be served by the applicant on the patentee and proof of such service shall be furnished to the Registrar.

(4)

If the patentee wishes to contest the application made in terms of subsection (I) or subsection (2), he shall, within such time as may be prescribed or such further time as the High Court may allow, lodge at the Patent Office a counter-statement setting out particulars of the grounds upon which the application is contested and deliver to the applicant a copy of that statement.

(5)

Except by leave of the High Court. no evidence shall be admitted in proof of any ground. particulars of which are not delivered as aforesaid.

Revocationof patents

CAP. 400]

Consequences of revocation on grounds of fraud

Patents

(6)

Particulars delivered may from time to time be amended by leave of the High Court.

(7)

The High Court shall appoint a time for the hearing of any such application. and shall thereafter decide whether the patent shall be revoked or whether and, if so, subject to what amendments, if any, of the specification or claims thereof, the patent shall be upheld:

Provided that the High Court

(i)

shall not allow any amendment of the specification or claims as aforesaid if it is established to its satisfaction that the original complete specification and claims were not framed in good faith and with reasonable skill and knowledge; and

(ii)

may, in the exercise of its discretion as to costs, take into consideration the conduct of the patentee in framing his original specification and claims and permitting them to remain as so framed.

(8) An order for the revocation of a patent under this section may be made so as to take effect either unconditionally or, in the event of failure to comply, within such reasonable period as may be specified in the order, with such conditions as may be imposed by the order with a view to achieving the purposes aforesaid, and the High Court may. on reasonable cause shown in any case, by subsequent order, extend any period so specified.

(As amended by S.l. No. 175 of 1965 and Act No. 18 of 1980)

51. (1) Where a patent is revoked on the ground of fraud, or a patent fraudulently obtained has been surrendered and revoked, or the grant of a patent has been refused under the provisions of paragraph (b) of subsection (1) of section twenty-two, the High Court may, on the application of the person entitled to the invention for Zambia or his legal representative, made in accordance with the provisions of this Act, direct the grant to him of a patent for the whole or any part of the invention. bearing the same date as the patent so revoked or as would have been borne by the patent which has been refused. if the grant thereof had not been refused.

(2) Where in proceedings before the High Court in connection with opposition to the grant of a patent, the High Court has found that an invention was in part obtained from the objector and has required that the specification be amended by the exclusion of that part of the invention. the High Court may direct that, on the application of the inventor or any person claiming through or under him made in accordance with the provisions of this Act within three months after the date of the direction or within such further period as the High Court may allow, a patent for that excluded part of the

Patents [CAP.400 55

(a)

unless the Court is satisfied that the invalid claim was not framed in good faith and with reasonable skill and knowledge. the Court shall, subject to its discretion as to costs and as to the date from which damages should be reckoned, and to such terms as to amendment of the specification as it may deem desirable, grant relief in respect of any valid claim which is or has been infringed, without regard to the invalidity of any other claim in the specification and, in exercising such discretion, the Court may take into consideration the conduct of the patentee in inserting the invalid claim in the specification or permitting that claim to remain there;

(b)

if the Court is so satisfied, it shall not grant any relief by way of damages or costs, but may grant such other relief in respect of any valid claim which is or has been infringed as to it seems just and may impose such terms as to amendment of the specification as a condition of granting any such relief as it may deem desirable;

(c)

if a counter-claim for revocation of the patent has been made in the action on the ground of invalidity of any claim in the specification, the Court may postpone the operation of any order made thereon for such time as may be requisite to enable the patentee to effect any amendment of the specification pursuant to terms imposed by the Court and may attach such other conditions to any order to be made on the counter-claim as the Court may deem desirable.

55. (I) In proceedings for (he infringement of a patent, damages shall not be awarded against a defendant who proves that, at the date of the infringement, he was not aware, and had no reasonable grounds for supposing and had no reasonable means of making himself aware, that the patent existed, and the application to an article of the word "patent". "patented", or any word or words expressing or implying that a patent has been obtained for the article, shall not constitute such grounds or means unless the number and year of the patent accompanied the word or words in question.

(2)

If proceedings are taken in respect of infringement of a patent committed after the failure to pay any fee within the prescribed time and before any extension of time for such payment, the Court may, if it thinks fit, refuse to award any damages in respect of such infringement.

(3)

Nothing in this section shall affect the power of the Court to grant an injunction or interdict in any proceedings for the infringement of a patent.

56. (l) Where any person (whether entitled to or interested in a patent or an application for a patent or not) by circulars, advertisements or 'Ith,~rwl~~ threatens any other person with proceedings for infringement of a patent, any person aggrieved thereby may in the

Restrictions on recovery of damages for infringement

Remedy for groundless threats of infringement proceedings

56 CAP. 400] Patents

Powerof Court to make declaration as to noninfringement

prescribed manner bring an action against him in the Court for any such relief as is mentioned in subsection (2).

(2)

Unless in any action brought by virtue of this section the defendant proves that the acts in respect of which proceedings were threatened constitute or, if done, would constitute, an infringement of a patent or of rights arising from the publication of a complete specification in respect of a claim of the specification not shown by the plaintiff to be invalid, the plaintiff shall be entitled to the following relief, that is to say:

(a)

a declaration to the effect that the threats are unjustifiable;

(b)

an injunction or interdict against the continuance of the threats; and

(c)

such damages, ifany, as he has sustained thereby.

(3)

For the avoidance of doubt, it is hereby declared that a mere notification of the existence of a patent does not constitute a threat of proceedings within the meaning of this section.

(4)

The defendant in any such action as aforesaid may apply, by way of counter-claim in the action, for any relief to which he would be entitled in a separate action in respect of any infringement by the plaintiff of the patent to which the threats relate.

(As amended by G.N. No. 185 of 1964)

57. (l) A declaration that the use by any person of any process, or the making or use or sale by any person of any article, does not or would not constitute an infringement of a claim of a patent may be made by the Court in proceedings between that person and the patentee or the holder of an exclusive licence under the patent, notwithstanding that no assertion to the contrary has been made by the patentee or licensee, if it is shown

(a)

that the plaintiff has applied in writing to the patentee or licensee for a written acknowledgment to the effect of the declaration claimed, and has furnished him with full particulars in writing of the process or article in question; and

(b)

that the patentee or licensee has refused or neglected to give such an acknowledgment.

(2)

The costs of all parties in proceedings for a declaration brought by virtue of this section shall be ordered as the Court may deem fit:

Provided that a patentee or holder of an exclusive licence under the patent shall not be liable for any costs unless he enters an appearance and takes part in the proceedings.

(3) The validity of a claim of the specification of a patent shall not be called in question in proceedings for a declaration brought by

Patents [CAP.400 57

virtue of this section, .and accordingly the making or refusal of such a declaration in the case of a patent shall not be deemed to imply that the patent is valid.

(4) Proceedings for a declaration may be brought by virtue of this section at any time after the date of the notice of the acceptance of the complete specification in pursuance of an application for a patent, and references in this section to the patentee 'shall be construed accordingly.

(As amended by G.N. No. 185 of 1964)

57A. In this Part. unless the context otherwise requires, Court means the High Court. .

PART VIII

ASSIGNMENTS AND CORRECTIONS

58. (I) Subject to the provisions of subsection (7) of section thirty-one, the rights granted to a patentee by a patent shall be capable of assignment and of devolution by operation of law and of being mortgaged and pledged.

(2)

Where any person becomes entitled by assignment, transmission or operation of law to a patent or to a share in a patent. 'or becomes entitled as mortgagee, licensee or otherwise to any other interest in a patent, he may apply to the Registrar in the prescribed manner for the registration of his title as proprietor or co-proprietor, or, as the case may be, of notice' of his interest. in the register. and the Registrar shall, upon proof of such entitlement to his satisfaction. register such title or notice against the patent accordingly.

(3)

Except for the purposes of an application to rectify the register under the provisions of this Act. a document in respect of which no entry has been made in the register under subsection (2) shall not be admitted in any proceedings as evidence of the title of any person to a patent, or a share of or interest in a patent, unless the High Court ur Supreme Court otherwise directs.

(As amended by G.N. No. 185 of 1964 and Act No. 18 of 1980)

59. (I) The Registrar may authorise

(a)

the correction of any clerical error or omission. or error in translation in any patent, application for a patent or document lodged in pursuance of such an application, or in the register:

(h)

the amendment otherwise of any documents for the amending of which no express provision is made in this Act;

Detinition of Court

Provisions as to assignments

Power of Registrar to authorise corrections

CAP. 400]

S8

Rectification of register

Patents

(c)

the condonation or correction of any irregularity in procedure in any proceedings before him, if such condonation or correction is not detrimental to the interests of any person.

(2)

A correction may be made in pursuance of this section, either upon a request in writing accompanied by the prescribed fee or without such a request.

(3)

Where it is proposed to make a correction otherwise than upon such a request, the Registrar shall give notice of the proposal to the patentee or the applicant for the patent, as the case may be, and to any other person who appears to him to be concerned, and shall give any such person an opportunity of being heard before the correction is made.

(4)

Where a request is made for the correction of any such clerical error or omission and it appears to the Registrar that the correction would materially alter the scope of the document to which the request relates, the Registrar may require notice of the request to be advertised in the prescribed manner and to be served upon such persons as he considers necessary.

(5)

Any opposition to the request for such correction 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.

60. (1) The High Court 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 High Court may determine any question which it may be necessary or expedient to decide in connection with the rectification of the register.

(3)

Notice of any application to the High Court under this section 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)

Any order made by the High Court 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.

(As amended by Act No. 18 of 1980)

PART IX

FUNCTIONS OF REGISTRAR IN RELATION TO CERTAIN EVIDENCE,
DOCUMENTS AND POWERS

. 61. (l) A certificate purporting to be signed by the Registrar and certifying that any entry which he is authorised by or under this Act to make has or has not been made, or that any other thing which he is so authorised to do has or has not been done, shall be prima facie evidence of the matters so certified.

(2) A copy of any entry in any register or of any document kept in the Patent Office or of any patent, or an extract from any such register or document, 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.

1. .The Registrar shall, on the request of any person and on payment of the prescribed fee, furnish copies of any documents which are open to public inspection and which are lodged at the Patent Office or particulars from the register, or furnish a certificate in respect thereof.
2. 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 fees as may be prescribed.
3. (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 the provisions of subsection (2) of section eighty, 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 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.

65. (I) 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) The powers, rights and privileges of the Registrar in proceedings before him under this Act shall be the same as those con-

Evidence of certain entries and documents

Requests tor information as to patent or patent application

Loss or destruction of patent

Exercise of discretionary powers of Registrar

Proceedings before Registrar

60 CAP. 400] Patents

Cap. 41

Advertisements to be approved by Registrar

Patent agents and their functions

Qualification and registration of patent agents

ferred upon commissioners by the Inquiries Act and the provisions of that Act shall, mutatis mutandis, apply 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.

(As amended by G.N. No. 185 of1964)

66. 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 the provisions of this Act unless it is in the prescribed form and the Registrar has approved the 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.

(As amended by G.N. No. 185 of 1964)

PART X

PATENT AGENTS

67. (1) Subject to the provisions of 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 written law in force in Zambia prohibiting the preparation for reward of certain documents by persons not legally qualified, by reason only of the preparation 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 High Court.

(As amended by G.N. No. 185 of 1964 and Act No. 18 of 1980)

68. (1) The Registrar shall 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 the Registrar shall enter in such register of patent agents all changes relating to registrations.

(2)

Any person ordinarily resident in Zambia who

(a)

has passed the prescribed examinations;

(!?) produces proof that he is a Fellow in good standing of the Chartered Institute of Patent Agents, incorporated by Royal Charter on the 11th August, 1891;

(c)

produces proof that he is a British Oversea Member in good standing. of such Institute;

(d)

produces proof that he holds any qualification recognised by the Minister as being equivalent to the qualifications required for the purposes of paragraph (a). (b) or (c); or

(e)

is a legal practitioner and satisfies the Registrar that prior to the commencement of this Act he' has, within Zambia, performed the functions of a patent agent as set out in section sixty-seven and has publicly described himself as a patent agent in Zambia;

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 (j) of subsection (I) of section sixty-nine:

Provided that a public officer 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) An appeal shall lie from any decision of the Registrar made under the provisions of subsection (2).

(As amended by No. 36 of 1960. G.N. No. 185 of 1964 and S.l. No. 175 of 1965)

.

69. (1) The Registrar may remove from the register of patent agents the name of any patent agent upon ~oof to his satisfaction that such patent agent-,

(a)

has died;

(b)

has become of unsound mind;

(c)

has been adjudged or otherwise declared bankrupt under any written law or enactment in force in Zambia, or has made an assignment to or composition with his creditors;

(d)

has ceased to reside in Zambia, or has ceased to maintain a place of business therein;

(e)

has applied for his name to be so removed;

(j)

has. after being convicted, in Zambia 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;

\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

Removal of names from register of patent agents

62 CAP. 400] Patents

Privileges of legal pructitioners

Entitlementto practiseas patent agent

(h) having been entitled to practise as a legal practitioner, or a patent agent, has ceased to practise as such.

An appeal shall lie from any decision of the Registrar made under the provisions of this subsection.

(2) Subject to the provisions of this section and such procedure as may be prescribed, the High Court 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 of conduct discreditable to a patent agent or has been guilty of a breach of any regulations prescribed for the conduct of patent agents.

(3) Repealed by Act No. 18 of 1980.

(4)

Any institute or other organisation recognised by the Minister as being representative of the patent agents in Zambia shall be entitled to be represented, to adduce evidence and to be heard by the High Court before it makes any order in terms of subsection (2).

(5)

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 High Court, 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.

(As amended by No.1 of 1962 and G.N. No. 185 of 1964)

70. Every person entitled to practise as a legal practitioner in Zambia may practise as a patent agent and perform the functions set out in section sixty-seven 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-eight.

(As amended by G.N. No. 185 of 1964)

71. (1) No person shall practise as a patent agent unless he is registered as such or is, by virtue of section seventy, entitled so to practise.

(2)

A person shall be deemed to practise as a patent agent if he performs any of the functions of a patent agent set out in section sixty-seven or if he carries on within Zambia the business of applying for or obtaining for others patents in Zambia 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 any term implying such a meaning, nor shall he permit himself to be so described or held out.