Patents [No. 40 of 2016 (5) The rights conferred on an employee, in accordance with this Part, shall not be restricted by contract. 59. (1) The provisions of section fifty-eight shall, with the necessary modifications and subject to other written laws, apply to a Government employee. (2) In this section, “Government employee” includes a person employed in a Government ministry, department or unit, statutory body, local authority or any other Government agency. 60. A dispute arising between an employer and an employee, in respect of an invention made by an employee during the subsistence of a contract of employment or service, shall be determined by the High Court. 829 Invention by Government employee Disputes of invention by employee PART VII INTERNATIONAL APPLICATIONS FOR A GRANT OF PATENT 61. (1) The Agency shall, in respect of an international application for a grant of a patent in accordance with the Patent Cooperation Treaty, act as a receiving, designated or elected office. (2) Where an international application for a grant of a patent is filed with the Agency by a national or resident of Zambia, the Agency shall act as the receiving office. 62. (1) An international application for the grant of a patent shall be considered to be an application filed with the Registrar and shall be processed in accordance with this Act and regulations made in accordance with the Act. (2) Notwithstanding subsection (1), a patent application, made in accordance with the Patent Coorperation Treaty, shall be processed, by the Agency, in accordance with the Patent Coorperation Treaty, its regulations and the administrative instructions contained in the Treaty. (3) An application for grant of a patent shall not be treated as an international application for a grant of a patent in Zambia by reason only of the application containing an indication that the applicant wishes to obtain an ARIPO patent, unless the application separately designates Zambia for the national grant of a patent. 63. (1) A patent granted by ARIPO, in accordance with the Harare Protocol, shall have effect in Zambia in a like manner as a patent granted in accordance with this Act, except where the Registrar communicates to ARIPO a decision, in accordance with the Harare Protocol, that such a patent shall not have legal effect in Zambia. Patent Cooperation Treaty Procedure relating to international application ARIPO patent

اختر الفقرة المستهدفة3

الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات