(4) The authority of the Minister in respect of an invention may be given under subsection (1)— (a) either before or after the patent is granted and either before or after the acts in respect of which the authority is given are done; and (b) to any person, whether or not he is authorized directly or indirectly by the patentee to make, use, exercise or vend the invention. (5) Where any use of an invention is made by or with the authority of the Minister under subsection (1), then, unless it appears to him that it would be contrary to the public interest so to do, the Minister shall notify the patentee as soon as practicable after the use is begun, and furnish him with such information as to the extent of the use as he may from time to time require. (6) For the purposes of this section and sections thirty-five and thirty-six, any use of an invention for the supply to the government of a country outside Zimbabwe, in pursuance of any agreement or arrangement between the Government of Zimbabwe and the government of that country, of articles required for the defence of that country shall be deemed to be a use of the invention for the service of the State, and the power of a department of the State or a person authorized by the Minister under this section to make, use and exercise an invention shall include power— (a) to sell such articles to the government of any country in pursuance of any such agreement or arrangement as aforesaid; and (b) to sell to any person any articles made in the exercise of the powers conferred by this section which are no longer required for the purpose for which they were made. Provided that any such use as provided for herein shall be permitted to remedy a practice determined after judicial or administrative process to be anti-competitive. [proviso inserted by Act 9 of 2002, with effect from the 20th December, 2002.] (7) The purchaser of any articles sold in the exercise of powers conferred by this section and any person claiming through him shall have power to deal with them in the same manner as if the patent were held on behalf of the President. (8) Regulations in terms of section ninety-six may govern the rights of third parties in relation to any use of a patented invention, or an invention in respect of which an application for a patent is pending, made for the service of the State in terms of this section or section thirty-five. 35 Special provisions as to State use during emergency (1) During any period of emergency the powers exercisable in relation to an invention by a department of the State or a person authorized by the Minister under section thirty-four shall include power to make, use, exercise and vend the invention for any purpose which appears to the Minister necessary or expedient— (a) for the efficient prosecution of any war in which Zimbabwe may be engaged; or (b) for the maintenance of supplies and services essential to the life of the community; or (c) for securing a sufficiency of supplies and services essential to the well-being of the community; or (d) for promoting the productivity of industry, commerce or agriculture; or (e) for fostering and directing exports and reducing imports or imports of any classes, from all or any countries and for redressing the balance of trade; or (f) generally, for ensuring that the whole resources of the community are available for use, and are used, in a manner best calculated to serve the interests of the community; or (g) for assisting the relief of suffering and the restoration and distribution of essential supplies and services in any part of Zimbabwe or any foreign country that is in grave distress as the result of war; and any reference in that section or in section thirty-six to the service of the State