[CAP. 400
REPUBLIC OF ZAMBIA
THE PATENTS ACT
CiIAPTER 400 ·:JF THE LAWS OF ZAMBIA
CAP. 400] Patents
CHAPTER 400
THE PATENTS ACT
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
PART II
ADMINISTRATION
PART III
INTERNATIONAL PROVISIONS
lOA. ARIPO Patents
PART IV APPLICATIONS GENERALLY
Patents [CAP. 400
Section
PARTY
GRANT. EFFECT AND TERM OF PATENT
PARTYI
SPECIAL PROVISIONS RELATING TO SPECIFICATIONS,
ANTICIPATION AND RIGHTS IN INVENTIONS
CAP. 400] Patents
Section
PART VII
lNFRINGEMENTS
PARTvm
ASSIGNMENTS AND CORRECTIONS
PART IX
FUNCTIONS OF REGISTRAR IN RELATION TO CERTAIN EVIDENCE, DOCUMENTS AND POWERS
Patents [CAP. 400
PART X
PATEN')" AGENTS
Section
PART XI
ApPEALS
73. Appeals from Registrar
78. Appeals to Supreme Court
79. Repealed by Act No. 18 of 1980
PART XII
OFFENCES AND PENALTIES
83. Falsification of certain documents
84 Deceiving or influencing the Registrar or an officer
CAP. 400] Patents
PART XIII
MISCELLANEOUS
Section
PART XIV
APPLICATION AND TRANSmONAL PROVISIONS
97. Application of Act
CHAPTER 400
PATENTS
An Act to make provision relating to patents for inventions and . for other purposes incidental thereto.
[I st April, 1958]
PART I
PRELIMINARY
I. This Act may be cited as the Patents Act.
2. (I) In this Act. unless the context otherwise requires-
I
"applicant" includes a person in whose favour a direction has been given undersection twenty-three. or his legal representative;
"article" includes any substance or material. and any equipment. machinery or apparatus. whether affixed to land or not;
I
"assignee" means
,
"Convention" means the Union Convention of Paris, dated the 20th March. 1883. for the Protection of Industrial Property, revised at Brussels on the 14th December, 1900. at Washington on the 2nd June. 1911, at The Hague on the 6th November, 1925. and at London on the 2nd June, 1934, and any revision thereof to which the *former Federation of Rhodesia and Nyasaland or the former Protectorate of Northern Rhodesia may have acceded or to which the **Rcpublic may accede in terms of section seven;
"convention application" means an application made by a person referred to in paragraph (c) of section eleven;
"convention country", in relation to any provision of this Act. means a country (including any colony, protectorate or territory subject to the authority or under the suzerainty of that country. or any territory over which a mandate or trusteeship is exercised) which the Minister has, with a view to the fulfilment of the provisions of the Convention. by statutory r"!otice. declared to be a convention country;
• Acceded with effect from 15t April, 1958. (F.G.N. No. 39 of 1958.)
•• Acceded with effect from 24th October. 1964.(G.N. No. 1751 of 1965.)
Federal Acts 13 of 1957 12of 1959 36 of 1960 IIJfl962
Act No. 26 af 19R7 Act No. III of 19110 Act No. 1:\ of 1994 Government Notices 185 o{ 1964 497 of 1964 Statutorv Instrument 175of 1965
Short title
Interpretation
CAP. 400]
Cap. 30
"date of lodging", in relation to any document lodged under this Act, means the date on which the document is lodged or, where it is deemed by virtue of any provision of this Act to have been lodged on any different date, the date on which it is deemed to have been lodged;
"effective date" means, in relation to
"examiner" me,ans an examiner appointed under sectionfour;
"exclusive licence" means a licence from a patentee which confers on the licensee, or on the licensee and.persons authorised by him, to the exclusion of all other persons (including the patentee), any right in respect of the patented invention, and "exclusive licensee" shall be construed accordingly;
"invention" means any new and useful art (whether producing a physical effect or not), process, machine, manufacture or composition of matter which is not obvious, or any new and useful improvement thereof which is not obvious, capable of being used or applied in trade or industry and includes an alleged invention;
"inventor" means the person who actually devised the invention and includes the legal representative of an inventor. but does not include a person to whom an invention has been communicated either from within or outside Zambia;
"legal practitioner" means a person admitted or otherwise entitled to practise as a barrister and solicitor in terms of the Legal Practitioners Act;
"legal representative" means
"new", in relation to an invention, means, subject to the provisions of sections eight, ten and forty-six. that, on or before the effective date of application for a patent in respect thereof, the invention was not
Patents [CAP. 400
"patent" means 'letters patent for an invention granted for Zambia under section twenty-five;
"patent agent" means a person who is registered as such in terms of subsection (1) of section sixty-eight;
"patent of addition" means a patent granted under section thirty
, ,
one;
"Patent Office" means the Patent Office established under section three;
"patented article" means any article in respect of which a patent has been granted and is for the time being in force;
Establishment of Patent Office
Appointment of officers
Seal
Registerof patents
"patentee" means the person for the time being entered on the register as grantee or proprietor of a patent;
"published" means made available to the public and, without prejudice to the generality of the foregoing provision, a document shall be deemed. for the purposes of this Act, to be published if it can be inspected as of right by members of the public. whether upon payment of a fee or otherwise;
"register" means the register of patents kept at the Patent Office under section six;
"register of patent agents" means the register of patent agents kept under subsection (1) of section sixty-eight;
"Registrar" means the Registrar of Patents appointed under sec
tionfour;
"specification" means a provisional or a complete.specification, as the circumstances may require, referred to in section
fourteen;
(2) A reference in this Act to the date of a patent shall be construed as a reference to the appropriate date specified in subsection
(1) of section twenty-seven.
(As amended by No. 12 of 1959, G.N. No. 185 of 1964,
S.I. No. 175 of 1965 and Act No. 18 of 1980)
PARTll
ADMINISTRATION
(a) particulars of patents in force, of assignments and transmissions of patents and of licences. under patents; and
.(b) notice of all matters which are required by or under this Act to be entered in the register and of such other matters affecting the validity or proprietorship of patents as. the Registrar thinks fit. .
. (4rThe register of patents shall be prima facie evidence of any matters required or authorised by or under this Act to be entered therein.
(5) No notice of any trust, whether expressed, implied or constructive, shall be entered in the register, and the Registrar shall not be affected by any such notice.
PART III
INTERNATIONAL PROVISIONS
7. If the Republic accedes to the Convention and any revision thereof as a country of the Union for the Protection of Industrial Property constituted thereunder, the *Minister shall, by Gazette notice, declare that Zambia has become such a country with effect from the date stated in such notice.
(As amended by G.N. No. 185 of 1964 and S.l. No. 175 of 1965)
• Republic 01 Zambia declared to be a country of the Union with effect from 24th October, ,964. by G.N. No. 1751 of 1965.
Convention arrangements
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
Provided that
. patent of such other person revoked upon due application under and in compliance with the provisions of section fifty.
Special provisions as to vessels. aircraft and land vehicles
Cap. 444
Protection of inventions communicated under international agreements
cation or within such period as may be prescribed after the lodging of that application. .
(As amended by No. 36 of 1960 and G.N. No. 185 of 1964)
9. (1) Where a vessel or aircraft registered in a convention country or a land vehicle owned by a person ordinarily resident in such a country comes into Zambia temporarily or accidentally only, the rights conferred by a patent for an invention shall not be deemed to be infringed by the use of the invention
as the case may be.
(2) This section shall not affect the provisions of section sixteen of the Aviation Act (which exempts certain aircraft from seizure on patent claims).
(As amended by G.N. No. 185 of 1964)
10. (1) Subject to the provisions of this section, the Minister may, by statutory instrument, make regulations for securing that, where an invention has been communicated in accordance with any agreement or arrangement made by or on behalf of the Government with the government of any country for the supply or mutual exchange of information or articles
making of any application for a patent in respect thereof shall, in such cir~mistances 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.
(As amended by GN No. 185 of 1964)
lOA. (l) In this section
(AI' amended by Act No. 26 of 1987)
PART IV
ApPLICATIONS GENERALLY
11. Application for a patent for an invention may be made by any of the following persons, that is to say:
ARIPO Industrial patents
Persons entitied [0 make application
Fonn of application
(el) the legal representative of any person who immediately before his death or disability was entitled to make such application;
and may be made by any above-mentioned person either alone or jointly with any other person. .
(As amended by G.N. No. 185 of 1964)
12. (1) Every application for a patent shall
(el) in so far as they are not already stated for the purposes of paragraph (c), state the full postal, residential and business addresses of the applicant.
(el) the respect in which the applicant in the convention country and in Zambia qualifies under Article 2 or 3 of the Convention.
(As amended by G.N. No. 185 of 1964)
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. .
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.
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.
(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
Examination of applications and specifications
20 CAP. 400] Patents
Ante-dating and postdating of applications
(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
18. (I) If it appears to the Registrar in the case of any application for a patent
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
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.
(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
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
in accordance with the provisions of Part XI, apart from any future extension of time thereunder, has expired, then
(a) where suchan appeal is pending, or is brought within the time aforesaid or before the expiration of any extension of that time granted, in the case of the first extension, on an application made within that time or, in the case of a subsequent extension on an application made before the expiration of the last previous extension,the said period shall
.be extended until ~~ch date as the High Court determine:
(h) where no such appeal is pending or is so brought, the said period shall continue until the end of the time aforesaid, or, if any extension of that time is granted as aforesaid, until the expiration of the extension or the last extension so granted.
(As amended byNo. 12 of 1959,5./. No. 175 of 1965 and Act No. 18 of 1980)
21. (I) Subject to the provisions of section twenty, the complete specification may be accepted by the Registrar at any time after the applicant has complied with the requirements imposed upon him by this Act:
Provided that the applicant may give notice to the Registrar requesting him to postpone acceptance until such date, not being later than eighteen months from the date of lodging of the application, as may be specified in the notice and the Registrar may postpone acceptance accordingly.
.(2) On the acceptance of a complete specification, the Registrar shall give notice to the applicant who shall, within the prescribed period or within such further period as the Registrar may allow, advertise in the prescribed manner the fact that the specification has been accepted and, unless the acceptance' of the specification is so advertised. the application shall lapse.
22. (I) Any person interested. including the State, may. within three months from the date of the advertisement of the acceptance of a complete specification or within such further period as the Registrar. on application made to him within the said period of three
Acceptance and publication of complete
specificatio~
Opposition til grant of patent
months. may allow. or•. with the consent of the applicant. at any time before the sealing of the patent. oppose the grant of a patent in accordance with the provisions of this section by giving written notice to the Registrar of opposition to such grant on any of the following grounds and no others. namely:
if) that the complete specification does not fully describe and ascertain the invention and the manner in which it is to be performed;
(i) forms the subject of an application for a patent in Zambia which. if granted. would bear a date in the interval between the lodging of the application in the convention country and the effective date of the application in Zambia; or
Iii) is not an invention as defined in this Act:
/I) Ihat the invention was not new at the effective date of the application;
(III) thai the specification includes claims which. in terms of subsection (I) of section eighteen. should have been refused,
•(5) A copy of any such counter-statement lodged at the Patent Office shall be served by the applicant on the objector concerned.
(As amended bv C.N. No. 185 of 1964, 5./. No. 175 r{ 1~65 and Act No i s of 1980)
Substitutionof 23. (I) If the Registrar is satisfied, on a claim made in the pre
applicants
scribed manner at any time before a patent has been granted, that by virtue of any assignment or agreement made by the applicant or one of the applicants for a patent, or by operation of law, the claimant would, if the patent were then granted, be entitled thereto or to the interest of an applicant therein, or to an undivided share of the patent or of that interest, the Registrar may, subject to the provisions of this section, direct that the application shall proceed in the name of the claimant or in the names of the claimant and the applicant or the other joint applicant or applicants, as the case may require.
(6) An appeal shall lie from any decision of the Registrar under this section.
(As amended by Act No. t 8 of t980)
24. (I) In this section the expression "competent authority" means the Minister designated as a competent authority by the President in the Gazette.
Provisions for secrecy of cenain inventions Grant and sealing of patent
(As amended by G.N. No. 185 of 1964, S.l. No. 175 of 1965 and Act No 18 of 1980)
PART V
GRANT, EFFECT AND TERM OF PATENT
25. (1) Ifthe conditions precedent to the grant of a patent, as 'prescribed in this Act, have been complied with and there is no opposition to such grant or, in the event of such opposition, the final determination is in favour of the grant of a patent, a patent shall be granted to the applicant, or, in the case of an application by two or more persons jointly, to the applicants jointly, and the Registrar shall cause the patent to be sealed with the seal of the Patent Office:
Provided that
by two or more persons jointly, to and in the name of the assignee jointly with the other applicants or their assignees.
(2) A patent shall be sealed as soon as may be, but not later than twenty-two months after the date of lodging of the application therefor:
Provided that
(i) where the Registrar or the High Court has allowed an extension of the time within which a complete specification may be lodged or accepted, a corresponding extension of the time for the sealing of the relevant patent shall be allowed;
(iiJ where the sealing is delayed by an appeal or by opposition to the grant of the patent; the patent may be sealed at such time as the Registrar may determine;
(iii) where the patent is to be granted to the heir or legal representative of an applicant" who has died before the expiration of the time which would otherwise be allowed for sealing the patent, the patent may be sealed at such later time as the Registrar may decide;
(As amended by G.N. No. 185 of 1964 and Act No 18of 1980)
26. Where, at any time after a patent has been sealed in pursuance of an application under this Act, the Registrar is satisfied that the person to whom the patent was granted had died, or, in the case of a body corporate. had ceased to exist, before the patent was sealed,
Amendment of patent granted to deceased applicant Date of patent
Extent, effect and fonn of patent
he may amend the patent by substituting for the name of that person the name of the person entitled thereto according to law, and the patent shall have effect, and shall be deemed always to have had effect, accordingly.
27. (1) Subject to the provisions of this Act, the date of a patent shall be
(No. 12 of 1959 as amended by G.N. No. 185 of 1964 and S.l. No. 175 of 1965)
28. (1) Subject to the provisions of this Act, a patent shall have the same effect against the State as it has against a subject.
(As amended by G.N. No. 185 of 1964 and S.l. No. 175 of 1965)
*Repealed by Act No. 15 of 1965.
29. The term of every patent shall, subject to the provisions of this Act, 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
~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
Provided that no such extension shall be granted
(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.
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.
. (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).
(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.
(5) An appeal shall lie from any decision of the Registrar under this section.
34. In every order restoring a lapsed patent made under section thirty-three. there shall be inserted for the protection of persons who may have 'availed themselves of the subject-matter of the patent after a lapse of a period of three months from the date on which the renewal fee was due, the following provisions, namely, that the patentee shall not commence or prosecute any action or other proceedings or recover damages:
(b) or in respect of the sale, purchase or use of any article which is the product of the said further means, composition of matter or process:
Provided that the employment of the said further means, composition of matter or process shall be limited to a person entitled to use, as aforesaid the means, composition of matter or process specified in that paragraph.
(As amended by C,N. No. 185 of 1964)
35. (I) At any time after the sealing of a patent the patentee may apply to the Registrar for the patent to be endorsed with the words "licences of right" and where such an application is made, the Registrar shall notify the application to any. person entered on the register as entitled to an interest in the patent and if satisfied, after giving any such person an opportunity to be heard, that the patentee is not precluded by contract from granting licences under the
Protective provisions to be inserted in order for restoration of patent
Endorsement of patent "licences of
right"
patent, cause the patent to be endorsed accordingly, so, however, that no such endorsement shall be made in respect of an exclusive licence.
(iii) the amount of and method for payment of royalties;
(iv) arrangements for cancellation of the licence upon application made to him by the patentee after failure by the licensee to pay royalties or to observe any other conditions included in the licence by the Registrar, who is hereby authorised to include such conditions, so, however, that no such licence may be cancelled unless the licensee, after reasonable notice given to him by the patentee, has failed to observe such conditions.
(4) The licensee under any licence granted by virtue of the endorsement of a patent under this section shall, unless in the case of a licence the terms of which are settled by agreement the licence otherwise expressly provides, be entitled to call upon the patentee to take proceedings to prevent any infringement of the patent, and jf the patentee refuses or neglects to do so within two months after being so called upon, the licensee may institute proceedings for the infringement in his own name as if he were patentee, making the patentee a defendant:
Provided that a patentee so added as defendant shall not be liable for any costs unless he enters an appearance and takes part in the proceedings.
36. (I) Within such time as may be prescribed after a patent has been endorsed under section thirty-five, the patentee may apply to the Registrar for cancellation of the endorsement and where such an application is made and the balance paid of all renewal fees which would have been payable if the patent had not been endorsed, the Registrar may, if satisfied that there is 110 existing licence under the patent or that all licensees under the patent consent to the application, cancel the endorsement accordingly.
(2) Within th. prescribed period after apatent has been endorsed as aforesaid. any person who claims that the patentee is, and was at
Cancellation of endorse
ment made
under section 35
Compulsory licencein case of abuse or insufficient use of patent rights
Patents
the time of the endorsement, precluded by a contract in which the claimant is interested from granting licences under the patent may apply to the Registrar for cancellation of the endorsement.
patentee and either additionally or alternatively any person interested; . .
may give notice to the Registrar of opposition to the cancellation.
37. (1) Subject to the provisions of subsection (14), any person interested who can show that he has been unable to obtain a licence under a patent on reasonable terms may, after the expiration of a period of three years subsequent to the date on which that patent was sealed or four years subsequent to the date on which the application in respect thereof was lodged, whichever period last expires,
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.
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
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.
(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
(iii) pay to the patentee the royalties payable in terms of the licence.
Inventions relating to food or certain other commodities
Supplementary provisions as to licences
(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
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.
_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.
(2) No order shall be made in pursuance of any application under section thirty-seven which would be at variance with the provisions of the Convention.
40. (I) Notwithstanding anything in this Act, any Government department or any person 'authorised in writing by the Minister may make, use or exercise any invention disclosed in any specification lodged at the Patent Office for the service of the State in accordance with the provisions of this section.
1
Use of patented inventions for services of the State
CAP. 400]
Special provisions as to State use during emergency
Minister under this section to make, use and exercise an invention shall include power
(As amended by G.N. No. 185 of 1964, s.t. No. 175 of 1965 and Act No. 18 of 1980)
41. (1) For the purposes of this section, the expression "period of emergency" means any period beginning on such date as may be declared by the Minister by statutory notice to be the commencement, and ending on such date as may be so declared to be the termination, of a period of emergency.
(2) During any period of emergency the powers exercisable in relation to an invention by a Government department or a person authorised by the Minister under section forty, shall include power to make, use, exercise and vend the invention for any purpose which appears to the Minister necessary or expedient
Patents [CAP.400 45
(g) fOI assisting the relief of suffering and the restoration and distribution of essential supplies and services in any part of Her Britannic' Majesty's dominions or any foreign coun
.tries that are in grave distress as the result of war; .
and any reference in that section or in section forty-two to the ser.vices of the State shall be construed as including a reference to the purposes aforesaid.
(As amended by C.N. No. 185 of 1964 and S.l. No. 175 of 1965)
42. (l) Any dispute as to
(a) the exercise by a Government department or a person authorised by the Minister of the powers conferred by sec
tionforty;
may be referred to the High Court by any party'to the dispute in such manner as may be prescribed.
(2; In any proceedings under this section to which a Government department is a party, the Minister may
(a) if the patentee is a party to the proceedings, apply for revocation of the patent upon any ground upon which a patent may be revoked under section fifty;
.
Reference of disputes as to Stale use
CAP. 400]
Amendment
of specifica
tion by
Registrar
Patents
entitled to receive, directly or indirectly from any Government department in respect of the invention in question.
(As amended by S.l. No. 175 of 1965 and Act No. 18 of 1980)
PART VI
SPECIAL PROVISIONS RELATING TO SPECIFICATIONS,
ANTICIPATION AND RIGHTS IN INvENTIONS
43. (l) An applicant for a patent or a patentee may, at any time by request in writing lodged at the Patent Office, seek leave to amend either his provisional or his complete specification, including drawings forming part thereof, and shall in making any such request state the nature of the proposed amendment and the reasons therefor.
(2) Where there are joint applicants or patentees, the request shall be made by them jointly or by one or more of them with the written consent of the other or others, and in the case of disagreement between them the Registrar may, if satisfied that one or more of them should be allowed to proceed alone and subject to such conditions as he may impose, permit the request to be made without the consent of the others:
Provided that all parties interested shall be notified by the applicant of the request and be entitled to be heard before any decision is given thereon.
44. In any action for infringement of a patent or any proceedings before the High Court for the revocation of a patent, that court may, subject to the provisions of subsection (3) of section forty-three, allow the patentee to amend his complete specification in such manner and subject to such terms as to costs. advertisement or otherwise as that court may think fit, and, if in any such proceedings for revocation the High Court decides that the patent is invalid, it may allow the specification to be amended under this section instead of revoking the patent.
(As amended by Act No. 18 of 1980)
45. Where an amendment of a specification by way of disclaimer, correction or explanation has been allowed under this Act after the publication of the specification, no damages shall be awarded in any proceedings in respect of the use of the invention before the date of the decision allowing the amendment, unless the High Court is satisfied that the specification as originally published was framed in good faith and with reasonable skill and knowledge.
(As amended by Act No. 18 of 1980)
46. (I \ A patent shall not be refused or held to be invalid by reason only of the fact that the invention in respect of which the patent is applied for or was granted or any part thereof was published, used or known prior to the effective date of the application, if the applicant or the patentee. as the case may be, proves that the knowledge was acquired or the publication or use was made without his knowledge or consent. and that the knowledge acquired or the matter published or used was derived or obtained from him. and, if he learnt of the disclosure, use or knowledge before the effective date of his application for the patent. that he applied for and obtained protection for his invention with all reasonable diligence after learning of the disclosure:
Provided that the protection afforded by this section shall not extend to a patentee or an applicant for a patent who has or whose predecessors in title have prior to the effective date of the application worked the invention in the former Federation of Rhodesia and
Amendment of specification with leave of High Court
Restrictions on recovery of damages in certain cases
Savings for anticipation
CAP. 400]
Co-ownership of patents
Patents
Nyasaland or, after the 1st January, 1964, in the former Protectorate of Northern Rhodesia or, after the 24th October, 1964, in the Republic commercially, otherwise than for the purpose of reasonable technical trial thereof.
(2) An invention claimed in a complete specification shall not be deemed to have been anticipated by reason only of the communication of the invention to a Government department or to any person
..authorised by the Minister to investigate the invention or its merits, or of anything done by any person whomsoever in consequence of such a communication, for the purpose of the investigation.
(As amended by G.N. No. 185 of 1964 and S.l. No. 175 of 1965)
47. (1) Where a patent is granted to two or more persons, each of those persons shall, unless an agreement to the contrary is in force, be entitled to an equal undivided share in the patent.
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
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.
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
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
An appeal shall lie from any decision of the Registrar under proviso (ii).
(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.
it may order the patent to be revoked.
Revocationof patents
CAP. 400]
Consequences of revocation on grounds of fraud
Patents
Provided that the High Court
(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
invention bearing the date of and having the same effective date as the opposed application be granted to the applicant concerned.
(As amended by C.N. No. 185 of 1964 and Act No. 18of 1980)
52. (I) A patentee may at any time by notice given to the Registrar offer to surrender his patent.
PART VII
INFRINGEMENTS
53. (I) An action for infringement of a patent may only beinstituted by the patentee or the exclusive licensee. Such action shall be heard and determined by the Court and, subject to the provisions of any rules made under section eighty-one, the following provisions shall apply in connection therewith, namely:
Surrender of
patents
Procedure and conditions in action for infringement
54 CAP. 400] Patents
Relief for infringement of partially valid specification
if) the Court may allow the patentee to amend his specification, subject to such terms as to costs, advertisement or otherwise as it may impose and to the provisions of subsection
(3) of section forty-three.
(2) In any action under this section where an exclusive licensee is the plaintiff, the patentee shall, unless he is joined as plaintiff in such action, be added as defendant:
Provided that a patentee so added as defendant shall not be liable for any costs unless he enters an appearance and takes part in the proceedings.
(3) If the patentee is the plaintiff in any such action, 'he shall give notice thereof to the exclusive licensee under the patent in question and any such licensee shall be entitled to intervene as a co-plaintiff and to recover any damages he may have suffered as a result of the infringement.
-
(As amended by G.N. No. 185 of 1964)
54. Where, in any action for the infringement of a patent, the Court finds that any claim in the specification in respect of which the infringement is alleged is valid, but that any other claim thereunder is invalid, then, notwithstanding the provisions of section fifty-three, the following provisions shall apply, namely:
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.
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).
(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
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.
(As amended by G.N. No. 185 of 1964 and Act No. 18 of 1980)
59. (I) The Registrar may authorise
Detinition of Court
Provisions as to assignments
Power of Registrar to authorise corrections
CAP. 400]
S8
Rectification of register
Patents
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.
(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.
(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.
(!?) 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;
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-,
\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.
(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.
(4) Any person who contravenes the provisions of this section shall"be guilty of an offence.
(As amended by G.N. No. 185'of1964)
72. (1) No patent agent shall have an interest either as a partner
.or manager or otherwise in more than one firm of patent agents in Zambia.
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 the provisions of this section shall be guilty of an offence.
(No. 1 of 1962 as amended by G.N. No. 185 of 1964)
PART XI
ApPEALS
73. Where this Act provides for appeals from decisions of the Registrar, all such appeals shall be made to the High Court in accordance with the provisions of this Part.
78. (I) Any party to proceedings before the High Court may appeal in accordance with rules made under this Part from any order or decision of that court to the Supreme Court.
Prohibition of certain acts by patent agents
Appeals from Registrar
Appeals to Supreme Court Time for appeals
Rules of court
Referencesto High Court by Registrar
(As amended by G.N. No. 185 of 1964 and Act No. 18 of 1980)
79. Repealed by Act No. 18 of 1980.
80. (l) Appeals under this Part, whether from decisions of the Registrar or orders or decisions of the High Court shall be brought within three months after the date of the decision or order in question, or within such further time as the High Court or the Supreme Court to which the appeal is brought may allow upon application by the appellant concerned.
(2) The powers of the Registrar as to extensions of. time under subsection (2) of section sixty-four shall not apply in relation to times for bringing appeals under this Part.
(As amended by Act No. 18 of 1980)
81. The Chief Justice may, by. statutory instrument, make rules regulating the practice and procedure relating to appeals or references to the High Court or the Supreme Court, as the case may be, as to-:
(As amended by Act No. 18 of1980)
82. Where any matter to be decided by the Registrar under this Act appears to him to involve a point of law or to be of unusual importance or complexity, he may, after giving notice to the parties, refer such matter to the High Court for a decision and shall, thereafter, in relation to such matter, act in accordance with the decision of that court or any decision substituted therefor on appeal to the Supreme Court.
(As amended by Act No. 18 of 1980)
PART XII
OFFENCES AND PENALTIES
83. If any person makes or causes to be made a false entry in any register kept under this Act. or a writing falsely purporting to be a copy of an entry in any such register. or produces or tenders or causes to be produced or tendered in evidence any such writing, knowing the entry or writing to be false. he shall be guilty of an offence.
84. (I) Ani person who
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.
(2) Any person who. having innocently made a false statement or representation. whether orally or in writing, for the purpose of procuring or int1uencing 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.
(No. 12 of 1959)
85. Any person who. after having been sworn, or having in lieu thereof made an affirmation or declaration. wilfully gives false evidence before the Registrar High Court 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.
(As amended by Act No. 18 of 1980)
86. (I) Any officer of the Patent Office who buys, sells, acquires, or traffics in any invention or patent or any right under a patent shall be guilty of an offence.
Falsification
of certain
documents
Decejving or
influencing
the Registrar
or an officer
Witncss giving fulse evidence
Prohibition on trafficking in patents by officers in Patent Office
66 CAP. 400] Patents
Unauthorised claim of patent right
Unauthorised use of certain words
Penalties
Lodging and authentication of documents"
Oaths and affirmations
Expensesof administration
Provisions as
to fees
(As amended by Act No. 13of 1994)
PARTxm
MISCELLANEOUS
90. (1) Any application, notice or document authorised. or required under this Act to be lodged, made or given at the Patent Office, or to the Registrar or any other person, may be delivered by hand or sent by registered post.
" (2) No authentication shall be required in respect of any document lodged in the Patent Office under the provisions of this Act and used in proceedings before the Registrar.
(As amended by Act No. 18 of 1980)
91. Any person who is required under the provisions of this Act to take any oath or swear to the truth of any affidavit may, in lieu thereof, make an affirmation or declaration in accordance with the
"written law relating to affmnations or declarations in Zambia.
(As amended by G.N. No. 185 of 1964)
92. All moneys necessary for the purposes of this Act shall be paid out of moneys appropriated for the purpose by Parliament.
(As amended by G.N. No. 185 of 1964 and S.l. No. 175 of 1965)
93. (I) Where under the provisions of this Act
(a) a fee is payable in respect of the performance of any act by the Registrar. the Registrar shall not perform that act until the fee has been paid;
.document shall be deemed not to have been lodged until the fee has been paid.
(2) All fees shall be paid at the Patent Office in such manner as the Registrar. with the approval of the Minister. may accept.
94.. Nothing in this Act shall affect the right of the State or of any person deriving title directly or indirectly from the State to sell or use articles forfeited under the provisions of any written law in force in Zambia.
(As amend&d by G.N. No. 185 of 1964 and S./. No. 175 of 1965)
95. (I) The Minister may. when he deems fit, direct the publication by the Registrar of a journal. to be referred to as the Patent Journal, containing particulars of applications for patents and other proceedings or matters arising under the provisions of this Act, together with such reports of cases and other relevant matters as the Minister may deem fit.
(2) The Registrar shall make provision for selling copies of the Patent Journal at such price and in such manner as the Minister may direct.
96. (l) The Minister may. by statutory instrument, make regulations prescribing anything which under this Act is to be prescribed and generally for the better carrying out of the objects and purposes of this Act or to give force or effect to its provisions or for its better administration. '
Saving for certain forfeitures
Patent Journal
Regulations
68 CAP. 400] Patents
tions obtained either in or outside Zambia, and the fees to be paid in connection with the registration of patent agents;
(e) the conduct of the business of the Patent Office;
if) other fees payable under this Act, and fees which may be charged in relation to the conduct of patent business by patent agents and legal practitioners performing the functions of patent agents;
(As amended by G.N. No. 185 of 1964)
PARTXN
. APPLICATION AND TRANsmONAL PROVISIONS
Application of 97. Save as is otherwise provided in this Act, the provisions of Act this Act shall, so far as they are applicable, apply in relation to
Provided that a patent referred to in this section shall not be liable
to revocation except upon some ground upon which it would have
been liable to revocation in terms of such legislation.
(No. 12 of 1959 as amended by G.N. No. 185 of 1964)