[inserted by Act 22 of 2001, with effect from the 10th September, 2002.]
83
Protection of inventions communicated under international agreements
(1) Subject to this section, regulations in terms of section ninety-five may provide for
securing that, where an invention has been communicated in accordance with an
agreement or arrangement made between the Government of Zimbabwe and the
government of any other country for the supply or mutual exchange of information or
articles—
(a)
an application for a patent for an invention so communicated made by
a person, his legal representative or assignee, entitled under section six to make such
application, shall not be prejudiced, and a patent granted on such an application shall
not be invalidated by reason only that the invention has been communicated as
aforesaid or that in consequence thereof—
(i)
the invention has been published, made, used, exercised or vended; or
(ii)
an application for a patent has been made by any other person or a
patent has been granted on such an application;
(b)
any application for a patent made in consequence of such a
communication as aforesaid by a person who is not entitled so to do under section six
may be refused and any patent granted on such an application may be revoked.
(2) Regulations referred to in subsection (1) may provide that the publication,
making, use, exercise or vending of an invention or the making of any application for
a patent in respect thereof shall, in such circumstances 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.
(3) The powers of the Minister under this section, so far as they are exercisable for
the benefit of persons from whom inventions have been communicated to the
Government of Zimbabwe by the government of any other country, shall only be
exercised if and to the extent that the Minister is satisfied that substantially equivalent
provision has been or will be made under the law of that country for the benefit of
persons whose inventions have been communicated by the Government of Zimbabwe
to the government of that country.
(4) References in subsection (3) to the communication of an invention to or by the
Government of Zimbabwe or the government of any other country shall be construed
as including references to the communication of the invention by or to any person
authorized in that behalf by the government in question.
PART XII
OFFENCES AND PENALTIES
84
Falsification of certain documents
Any person who—
(a)
makes or causes to be made a false entry in the Register, knowing the
entry to be false; or
makes or causes to be made, or produces or tenders or causes to be
(b)
produced or tendered in evidence, any writing falsely purporting to be a copy of an
entry in the Register, knowing the writing to be false;
shall be guilty of an offence and liable to a fine not exceeding level seven or to
imprisonment for a period not exceeding two years or to both such fine and such
imprisonment.
[inserted by Act 22 of 2001, with effect from the 10th September, 2002.]
85
Deceiving or influencing Registrar or other officer
(1) Any person who—
(a)
for the purpose of deceiving the Registrar, an examiner or any other
officer of the Patent Office in the execution of this Act; or
(b)
for the purpose of procuring or influencing the doing or omission of
anything in relation to this Act or any matter thereunder;
[amended by Act 9 of 2002, with effect from the 20th December, 2002.]
makes or submits a false statement or representation, whether orally or in writing,
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