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
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