850 No. 40 of 2016] Patents (2) Where a utility model is granted by ARIPO but the grant is made without the communication required to be made by ARIPO to a member State in accordance with the Harare Protocol, or where the grant precedes the communication by ARIPO, such a utility model shall not have legal effect in Zambia. Register of patent agents Registration as patent agent Functions of patent agent PART XVI PATENT AGENTS 114. The Registrar shall maintain a register of patent agents in which shall be entered particulars of patent agents as may be prescribed. 115. (1) A person qualifies to be registered as a patent agent if the person— (a) is of sound mind; (b) is at least twenty-one years of age; (c) is a Zambian citizen or holder of a permanent resident permit; (d) has passed the qualifying examination prescribed for patent agents; and (e) has paid the prescribed fee. (2) A person who is qualified to be registered as a patent agent may apply, in the prescribed form and manner, to the Registrar to be registered as such. (3) The Registrar shall register a person who qualifies to be registered as a patent agent and issue such person with a patents agent’s certificate, as prescribed. (4) Despite subsection (1), a practitioner who practices in Zambia may act as a patent agent without being registered as specified in this Part. (5) A person who is not a practitioner shall not, either in partnership with another person or not, practice, describe or hold out, as a patent agent, unless that person is, and the partners are registered, with the Agency, as patent agents. 116. (1) Subject to this Act, a patent agent may act as an agent on behalf of a person in connection with any matter or proceedings before the Registrar and may prepare and sign any document connected with or incidental to the application of a grant of a patent and make all communications between an applicant and the Agency. (2) A body corporate shall not practice, describe itself or hold itself out or permit itself to be held out as a patent agent.