Patents
[No. 40 of 2016
(b) where the patented invention is a product, to prevent any
person, without the patentee’s consent, from making,
using, offering for sale, selling or importing the patented
product;
(c) where the patented invention is a process, to prevent any
person, without the patentee’s consent, from using,
offering for sale, selling or importing the product obtained
directly from the patented process; and
(d) to assign, transmit or licence the patent.
(2) A person shall not do any of the acts, referred to in subsection
(1), without the written consent of the patentee.
73. (1) The patent rights, referred to in section seventy-two,
shall be personal property, capable of being transferred by any
means by which such property may be lawfully transferred, including
assignment, mortgage, pledge, testamentary instrument or operation
of law.
(2) A transfer of a right, referred to in subsection (1), shall not
be effective unless it is in writing, signed by or on behalf of the
patentee and registered with the Patent Office, in accordance with
this Act.
(3) A transfer of a right, as provided in subsection (1), binds
each successor in title to the patentee, except a purchaser in good
faith for value without actual or constructive notice of the transfer
and a person who derives title from such purchaser.
(4) The Registrar shall record or cause to be recorded, in the
Register, all transfers of rights or interests undertaken in accordance
with this Act.
74. Where a patent is granted to two or more patentees, the
patentees shall, subject to any agreement in force, be considered
as joint owners.
75. (1) Despite any other provision of this Act, rights under a
patent shall be limited to industrial or commercial activities and
shall not extend to the following:
(a) acts done by any person, involving a patented invention,
for scientific research;
(b) the use of the patented invention on a foreign vessel,
aircraft, spacecraft or land vehicles, which temporarily
or accidentally enters the territory of Zambia, provided
the use is exclusively for the needs of the vessel or in
the construction or operation of the aircraft, spacecraft
or land vehicle;
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Nature of
patent right
Joint
ownership
of patent
Limitations
of patent
rights
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