834 No. 40 of 2016]
Exhaustion
of rights
Infringement
Patents
(c) variants or mutants of living or replicable living matter
that is distinctively different from the original, for which
patents were obtained, but are deserving of separate
patents;
(d) acts related to experimental use of the patented invention;
(e) using of the patented invention for teaching purposes;
(f) acts which include testing, making or selling of a patented
invention, for purposes reasonably related to the
development and submission of information required
under any written law in Zambia or in a convention
country;
(g) the exploitation of the patented invention beyond the
duration of the term of the patent, as provided in this
Act;
(h) compulsory licences as provided in this Act;
(i) the prohibition of the use of the patented invention by the
Government, or persons authorised by the Government,
as provided in this Act;
(j) the preparation for individual cases, in a pharmacy or by a
medical doctor, of a medicine in accordance with a
medical prescription; and
(k) the manufacturing and exporting to a third country of a
patented healthcare invention where the export of the
invention addresses a health need identified by the third
country, provided that—
(i) the product is not patented in the third country; or
(ii) the government of the third country has authorised
use of the patent without the consent of the
patentee and the production for export of the
patented product is intended only for the market
of the third country.
76. The rights conferred on a patentee by a patent shall not
extend to acts relating to a product for which a patent subsists or to
which it is applied, when the product has been put on the market in
Zambia or elsewhere by the patentee or any other person with the
patentee’s consent.
PART X
INFRINGEMENT
77. Subject to this Act, it is an infringement of a patentee’s
right in a patent for a person to do any of the acts referred to in
section seventy-two, without the written consent of the patentee.
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