which the appeal is brought or within such further time as the Tribunal may for good
cause allow.
(2) The powers of the Registrar as to extensions of time under subsection (2) of
section fifty-nine shall not apply in relation to the time for bringing an appeal under
subsection (1).
71
Powers of Tribunal on appeal
Without derogation from section 8 of the Intellectual Property Tribunal Act [Chapter
26:06], in any appeal under this Act the Tribunal may¾
(a)
confirm, set aside or vary the order or decision against which the
appeal is brought;
(b)
exercise any of the powers which could have been exercised by the
Registrar in the proceedings in connection with which the appeal is brought.
72
References to Tribunal by Registrar
(1) If it appears to the Registrar that any matter to be decided by him under this Act
involves a point of law or is of unusual importance or complexity, he may, after
giving notice to the parties, refer the matter to the Tribunal for decision, and
thereafter in relation to that matter he shall act in accordance with the decision of the
Tribunal or any decision substituted therefor on appeal to the Supreme Court.
(2) Where a matter has been referred to the Tribunal in terms of subsection (1), the
Registrar and the parties shall be entitled to be heard by and appear before the
Tribunal before any decision is made in the matter.
PART XI
INTERNATIONAL ARRANGEMENTS
79
Convention countries
The President may, with a view to the fulfilment of the requirements of any treaty,
convention, arrangement or engagement to which Zimbabwe is a party, by
proclamation in a statutory instrument, declare any country or territory to be a
Convention country for the purposes of this Act.
80
Supplementary provisions as to Convention applications
(1) Subject to section six—
(a)
any person who has applied for protection for an invention in a
Convention country or his legal representative or assignee, if the assignee is also so
qualified, shall be entitled to a patent for his invention under this Act, in priority to
other applicants if application therefor is made within twelve months after the
effective date of the first application for protection in the first Convention country in
which he made such application or where more than one such application for
protection has been made, from the effective date of the first such application; and
(b)
the patent referred to in paragraph (a) shall have the same date as the
effective date of the application in such Convention country but the term of the patent
shall run from the date on which the complete specification is lodged at the Patent
Office:
Provided that nothing in this subsection shall entitle the patentee to recover damages
for infringements occurring prior to the date on which his complete specification is
advertised as having been accepted in Zimbabwe.
(2) Where, after the lodging of the first application in the first Convention country in
respect of any invention, a subsequent application is lodged in that country in respect
of the same matter, such subsequent application shall be regarded as the first
application in that country in respect of that invention if, at the time of the lodging
thereof—
(a)
the previous application has been withdrawn, abandoned or refused
without having been open to public inspection; and
(b)
no priority rights have been claimed by virtue of such previous
application; and
(c)
no rights are outstanding in that Convention country in connection
with such previous application.
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