(3) An application which has been withdrawn, abandoned or refused shall not, after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 any one or more
Convention countries have become vested in the same person, those applications
shall, for the purposes of subsection (4) of section eight, be deemed to have been
made by the same applicant.
(5) Where an applicant referred to in subsection (1) has applied for protection for any
invention by an application which, in accordance with the law of any Convention
country, is equivalent to an application duly made in that Convention country, he
shall be deemed, for the purposes of this section, to have applied in that Convention
country.
(6) In determining, for the purposes of this Act, whether an invention described or
claimed in a specification lodged in the Patent Office is the same as that for which
protection has been applied for in a Convention country, regard shall be had to the
disclosure contained in the whole of the documents put forward at the same time as
and in support of the application in the Convention country, being documents of
which copies have been lodged at the Patent Office within such time and in such
manner as may be prescribed.
(7) A patent granted in Zimbabwe for an invention upon an application referred to in
this section shall not be invalidated by reason only of—
(a)
the invention having been known or used or published in Zimbabwe or
elsewhere on or after the effective date of the application in the Convention country
in which application was first made; or
(b)
the granting in Zimbabwe, after the effective date of the application in
the Convention country, of a patent to another person for the same invention:
Provided that—
(i)
the effective date of the patent of such other person shall not be prior
to effective date in Zimbabwe of the Convention application;
(ii)
the Convention patentee shall be entitled to have the patent of such
other person revoked upon due application under and compliance with the provisions
of section forty-five.
(8) An application for a patent referred to in this section shall be made in the manner
specified in section seven, save that the application shall be accompanied by a
complete specification.
81
Special provisions as to vessels, aircraft and land vehicles
(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 Zimbabwe
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—
(a)
in the body of the vessel or in the machinery, tackle, apparatus or
other accessories thereof, so far as the invention is used on board the vessel and for its
actual needs only; or
(b)
in the construction or working of the aircraft or land vehicle or of the
accessories thereof;
as the case may be.
(2) Subsection (1) shall not affect section 17 of the Aviation Act [Chapter 13:03].
82
Protocol on Patents and Industrial Designs
(1) Subject to this section, the Protocol set out in the Schedule, which was contracted
within the framework of the African Regional Industrial Property Organization, shall
have the force of law within Zimbabwe.
(2) Any patent, in respect of which Zimbabwe is a designated State, granted to an
applicant by the African Regional Industrial Property Organization in accordance
with the provisions of the Protocol set out in the Schedule shall, mutatis mutandis,
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