person whose name could be removed from the Register of Patent Agents under
paragraph (b), (c) or ( f ) of subsection (1) of section sixty-five:
Provided that an officer in the Public Service who has been employed in the Patent
Office shall not be registered as a patent agent or be permitted to practise as such until
at least twelve months have expired since he ceased to be so employed.
(3) Any person who, immediately prior to the appointed day, was registered as a
patent agent in terms of the Patents Act, 1957 (No. 13 of 1957) shall be deemed to
have been registered as a patent agent under this Act.
(4) An appeal shall lie from any decision of the Registrar made under the provisions
of subsection (2).
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Removal of names from Register of Patent Agents
(1) The Registrar may remove from the Register of Patent Agents the name of any
patent agent upon proof to his satisfaction that that patent agent—
(a)
has died; or
(b)
has become of unsound mind; or
(c)
has been adjudged insolvent under any enactment in force in
Zimbabwe or has made an assignment to or composition with his creditors; or
(d)
has ceased to reside in Zimbabwe or has ceased to maintain a place of
business therein; or
(e)
has applied for his name to be so removed; or
(f)
has, after being convicted in Zimbabwe or elsewhere of the crime of
theft, fraud, forgery or uttering a forged document or perjury, been sentenced to serve
a term of imprisonment without the option of a fine, whether such sentence is
suspended or not, and has not received a free pardon; or
(g)
having been entitled to practise as a legal practitioner or to be
registered as a patent agent, has ceased to be so entitled; or
(h)
having been entitled to practise as a legal practitioner or a patent
agent, has ceased to practise as such.
(2) An appeal shall lie from any decision of the Registrar made under the provisions
of subsection (1).
(3) Subject to this section and such procedure as may be prescribed, the Tribunal may
order the Registrar to remove the name of any patent agent from the Register of
Patent Agents or may suspend any patent agent from practising as such for such time
as it thinks fit if it is satisfied, after due inquiry, that such person has been guilty—
(a)
of conduct discreditable to a patent agent; or
(b)
of a breach of any regulations prescribing the conduct of patent
agents.
(4) No order shall be made by the Tribunal in terms of subsection (3) unless the
patent agent concerned has been given notice of any allegations made against him and
has had an opportunity to adduce evidence and to be heard.
(5) Any institute or other organization recognized by the Minister as being
representative of the patent agents in Zimbabwe shall be entitled to be represented, to
adduce evidence and to be heard by the Tribunal before it makes any order in terms of
subsection (3).
(6) Where the name of any patent agent has been removed from the Register of Patent
Agents under the provisions of subsection (1) or (2), his name shall not be restored to
that Register except by direction of the Tribunal, which may further direct that such
restoration shall be made either without fee or on payment of such fee, not exceeding
the registration fee, as it may fix, and the Registrar shall restore the name
accordingly.
[amended by Act 9 of 2002, with effect from the 20th December, 2002.]
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Privileges of attorneys
Every person entitled to practise as a legal practitioner in Zimbabwe may practise as a
patent agent and perform the functions set out in section sixty-three without being
registered as a patent agent, but no such person shall be entitled to be so registered