except under the provisions of section sixty-four.
67
Entitlement to practise as patent agent and power of Controller to refuse to
deal with certain agents
(1) No person shall practise as a patent agent unless he is registered as such or is, by
virtue of the provisions of section sixty-six, entitled so to practise.
(2) A person shall be deemed to practise as a patent agent if—
(a)
he performs any of the functions of a patent agent set out in section
sixty-three; or
(b)
he carries on within Zimbabwe the business of applying for or
obtaining for others patents in Zimbabwe or elsewhere.
(3) No person who is not a legal practitioner or registered as a patent agent shall
describe himself as, or hold himself out to be, a patent agent or use any term implying
such a meaning, nor shall such a person permit himself to be so described or held out.
(4) No person who is not a legal practitioner, whether or not he is registered as a
patent agent, shall describe himself as, or hold himself out to be, a patent attorney or
attorney for patents or use any term containing the word “attorney”, nor shall such a
person permit himself to be so described or held out.
(5) The Controller may refuse to recognize as agent in respect of any business under
this Act any person who, not being registered as a patent agent or entitled by virtue of
the provisions of section sixty-six to practise as a patent agent, is, in the opinion of
the Controller having regard to any other activities with which that person is
primarily concerned, acting as a patent agent in applying for patents in Zimbabwe or
elsewhere in the name or for the benefit of a person by whom he is employed.
(6) Any person who contravenes this section shall be guilty of an offence and liable to
a fine not exceeding level seven or to imprisonment for a period not exceeding two
years or to both such fine and such imprisonment.
[inserted by Act 22 of 2001, with effect from the 10th September, 2002.]
68
Prohibition of certain acts of patent agents
(1) No patent agent shall have an interest, whether as a partner or manager or
otherwise, in more than one firm of patent agents in Zimbabwe.
(2) No patent agent shall practise under a name or title which includes the name of
any person who is not or was not—
(a)
in his lifetime ordinarily resident in Zimbabwe; or
(b)
registered as a patent agent under the provisions of this Act.
[amended by Act 9 of 2002, with effect from the 20th December, 2002.]
(3) No person shall practise as a patent agent if he is a party to—
(a)
a contract of partnership; or
(b)
an arrangement providing for the sharing or paying over of any
professional fees;
relating to the business of a patent agent with any person who is prohibited from
practising as a patent agent.
(4) Any person who contravenes this section shall be guilty of an offence and liable to
a fine not exceeding level six or to imprisonment for a period not exceeding one year
or to both such fine and such imprisonment.
[inserted by Act 22 of 2001, with effect from the 10th September, 2002.]
PART X
APPEALS AND REFERENCES
[inserted by Act 9 of 2002, with effect from the 20th December, 2002.]
69
Appeals from Registrar
Where this Act provides for an appeal against a decision of the Registrar, the appeal
shall be made to the Tribunal in accordance with this Part and the Intellectual
Property Tribunal Act [Chapter 26:09].
70
Time for appeals
(1) An appeal referred to in section sixty-nine shall be lodged with the Tribunal
within three months after the appellant was notified of the decision or order against
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