(1) Where—
(a)
a patent is revoked on the ground of fraud; or
(b)
a patent fraudulently obtained has been surrendered and revoked; or
(c)
the grant of a patent has been refused under the provisions of
paragraph (b) of subsection (1) of section seventeen;
the Tribunal may, on the application of the person entitled to the invention for
Zimbabwe or his legal representative, made in accordance with this Act, direct the
grant to him of a patent for the whole or any part of the invention, bearing the same
date as the patent so revoked or as would have been borne by the patent which has
been refused if the grant thereof had not been refused.
(2) Where, in proceedings before the Tribunal in connection with opposition to the
grant of a patent, the Tribunal has found that the subject-matter was in part obtained
from the objector and has required that the specification be amended by the exclusion
of that part of the matter, the Tribunal may direct that, on the application of the
inventor or any person claiming through or under him made in accordance with this
Act within three months after the date of the direction or within such further period as
the Tribunal may allow, a patent for that excluded part of the matter bearing the date
of and having the same effective date as the opposed application be granted to the
applicant concerned.
(3) No action shall be brought for any infringement of a patent committed—
(a)
in the case of a patent granted under subsection (1), before the date of
sealing thereof; or
(b)
in the case of a patent granted under subsection (2), before the date of
advertisement of acceptance of the complete specification lodged in pursuance of the
application for such patent.
47
Surrender of patents
(1) A patentee may at any time, by notice given to the Registrar, offer to surrender his
patent.
(2) Where an offer in terms of subsection (1) is made, the patentee shall advertise the
offer in the Journal, and within the prescribed period after such advertisement any
person interested may give notice to the Registrar of opposition to the surrender.
(3) Where any notice of opposition in terms of subsection (2) is duly given, the
Registrar shall notify the patentee.
(4) If, after hearing the patentee and any opponent who is desirous of being heard, the
Registrar is satisfied that the patent may properly be surrendered, he may accept the
offer and by order revoke the patent and he shall give notice of any such revocation in
the Journal:
Provided that if no notice of opposition has been duly given it shall not be necessary
for the Registrar to hear the patentee.
(5) An appeal shall lie from any decision of the Registrar under this section.
PART VI
INFRINGEMENTS
47A Interpretation in Part VI
In this Part—
“Court”, in relation to proceedings for an infringement of a patent, means the
Tribunal or the court in which the proceedings have been instituted.
[inserted by Act 9 of 2002, with effect from the 20th December, 2002.]
48
Procedure and conditions in action for infringement
(1) An action for infringement of a patent may only be instituted by the patentee or
the exclusive licensee.
(1a) An action for infringement of a patent may be instituted—
(a)
in the Tribunal; or
(b)
in the High Court; or
(c)
subject to the jurisdictional limits provided for in the Magistrates
Court Act [Chapter 7:10], in a magistrates court;