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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