(4) The authority of the Minister in respect of an invention may be given under
subsection (1)—
(a)
either before or after the patent is granted and either before or after the
acts in respect of which the authority is given are done; and
(b)
to any person, whether or not he is authorized directly or indirectly by
the patentee to make, use, exercise or vend the invention.
(5) Where any use of an invention is made by or with the authority of the Minister
under subsection (1), then, unless it appears to him that it would be contrary to the
public interest so to do, the Minister shall notify the patentee as soon as practicable
after the use is begun, and furnish him with such information as to the extent of the
use as he may from time to time require.
(6) For the purposes of this section and sections thirty-five and thirty-six, any use of
an invention for the supply to the government of a country outside Zimbabwe, in
pursuance of any agreement or arrangement between the Government of Zimbabwe
and the government of that country, of articles required for the defence of that
country shall be deemed to be a use of the invention for the service of the State, and
the power of a department of the State or a person authorized by the Minister under
this section to make, use and exercise an invention shall include power—
(a)
to sell such articles to the government of any country in pursuance of
any such agreement or arrangement as aforesaid; and
(b)
to sell to any person any articles made in the exercise of the powers
conferred by this section which are no longer required for the purpose for which they
were made.
Provided that any such use as provided for herein shall be permitted to remedy a
practice determined after judicial or administrative process to be anti-competitive.
[proviso inserted by Act 9 of 2002, with effect from the 20th December, 2002.]
(7) The purchaser of any articles sold in the exercise of powers conferred by this
section and any person claiming through him shall have power to deal with them in
the same manner as if the patent were held on behalf of the President.
(8) Regulations in terms of section ninety-six may govern the rights of third parties in
relation to any use of a patented invention, or an invention in respect of which an
application for a patent is pending, made for the service of the State in terms of this
section or section thirty-five.
35
Special provisions as to State use during emergency
(1) During any period of emergency the powers exercisable in relation to an invention
by a department of the State or a person authorized by the Minister under section
thirty-four shall include power to make, use, exercise and vend the invention for any
purpose which appears to the Minister necessary or expedient—
(a)
for the efficient prosecution of any war in which Zimbabwe may be
engaged; or
(b)
for the maintenance of supplies and services essential to the life of the
community; or
(c)
for securing a sufficiency of supplies and services essential to the
well-being of the community; or
(d)
for promoting the productivity of industry, commerce or agriculture;
or
(e)
for fostering and directing exports and reducing imports or imports of
any classes, from all or any countries and for redressing the balance of trade; or
(f)
generally, for ensuring that the whole resources of the community are
available for use, and are used, in a manner best calculated to serve the interests of the
community; or
(g)
for assisting the relief of suffering and the restoration and distribution
of essential supplies and services in any part of Zimbabwe or any foreign country that
is in grave distress as the result of war;
and any reference in that section or in section thirty-six to the service of the State