(a)
notice of opposition is given within the prescribed period, the
Registrar shall notify the applicant and shall give to him and to the person opposing
the application an opportunity to be heard before he decides the case;
(b)
no notice of opposition is given within the prescribed period or, such
notice having been given, the Registrar considers that the application should be
granted, the Registrar shall, upon payment of any unpaid renewal fee and such
additional fee as may be prescribed, make an order restoring the patent and any patent
of addition specified in the application:
Provided that the Registrar shall not make an order in terms of this paragraph unless
he is satisfied that the failure to pay any renewal fee in connection with the patent was
unintentional and that no undue delay has occurred in the making or prosecution of
the application.
(6) An order in terms of subsection (5) restoring a patent—
(a)
may be made subject to such conditions as the Registrar thinks fit,
including a condition requiring the registration in the Register of any matter in respect
of which the provisions of this Act relating to entries in the Register have not been
complied with; and
(b)
shall contain the provision specified in subsection (7) for the
protection of persons who may have availed themselves of the subject-matter of the
patent after a lapse of a period of six months from the date on which the renewal fee
was due;
and if any condition imposed in terms of this subsection is not complied with by the
patentee, the Registrar may, after giving to the patentee an opportunity to be heard,
revoke the order and give such directions consequential on the revocation as he thinks
fit.
(7) The provision referred to in paragraph (b) of subsection (6) shall be that the
patentee shall not commence or prosecute any action or other proceedings or recover
damages—
(a)
in respect of any infringement of the patent which has taken place
after the lapse of the said period and before the date of the order;
(b)
in respect of any use of the subject-matter of the patent at any time
after the date of the order by the employment of any means or composition of matter
actually made within or imported into Zimbabwe or in respect of any process put into
operation in Zimbabwe in infringement of the patent after the lapse of the said period
and before the date of the order or in respect of the sale, purchase or use of any article
which is the product of the use of the said means, composition of matter or process:
Provided that the employment of the said means, composition of
matter or process shall be limited to the person by or for whom the said means,
composition of matter or process was so made, imported or put into operation, his
legal representative, his successors or assigns or his vendees, as the case may be;
(c)
in respect of the employment at any time after the date of the order of
any further means, composition of matter or process, being a reproduction or
improvement of the means, composition of matter or process referred to in paragraph
(b) or in respect of the sale, purchase or use of any article which is the product of the
said further means, composition of matter or process:
Provided that the employment of the said further means, composition
of matter or process shall be limited to a person entitled to use as specified in
paragraph (b) the means, composition of matter or process specified in that paragraph.
(8) An appeal shall lie from any decision of the Registrar under this section.
29
Licences of right
(1) At any time after the sealing of a patent the patentee may apply to the Registrar
for the patent to be registered as one in respect of which licences may be issued as of
right:
Provided that no such application may be made in respect of an exclusive licence.
(2) Where an application has been made in terms of subsection (1), the Registrar shall