Zambia

• Act No. 18 of 1980
  • Short title and commencement Cap. 692
  • Amendment of section 2
  • Amendment of section 20
  • Amendment of section 22
  • Amendment of section 23
  • Amendment of section 24
  • Amendment of section 25
  • Amendment of section 30
  • Amendment of section 31
  • Amendment of secLion 37
  • Amendment of section 38
  • Amendment of section 40
  • Amendment of section 42
  • Repeal and replacement of section 42
  • Amendment of section 45
  • Amendment of section 48
  • Amendment of section 50
  • Amendment of section 51
  • Amendment of Part VII
  • Amendment of section 58
  • Amendment of section 60
  • Amendment of section 67
  • Amendment of section 69
  • Amendment of Part XI
  • Amendment of section 73
  • Repeal of sections 74, 75. 76 and 77
  • Amendment of section 78
  • Repeal of section 79
  • Amendment of section 80
  • Repeal and replacement of section 81
  • Amendment of section 86
  • Amendment of section 90
  • Repeal of sections 98, 99 and 100

Patents (A mendment) [No. 18 of 1980 143

GOVERNMENT OF ZAMBIA

ACT

No. 18 of 1980

Date of Assent: 21st December, 1980

An Act to amend the Patents Act

[*

ENACTED by the Parliament of Zambia.

1. (1) This Act may be oited as the Patents (Amendment) Aot, 1980, and shall be read aa one with the Patents Act, hereinafter referred to as the prinoipal Act.

(2) This Aot shall oome into operation on such date as the Minister may, by statutory instrument, appoint.

2. Section two of the principal Act is amended in subsection

(l) by the deletion ofthe definitions of" Court" and" Patents Tribunal ".

1. Section twent?1 of the principal Act is amended in subsection (2) by the deletion of the words " Patents Tribunal" wherever they OCCUr and. the-substitution therefor of " High Court ".
2. Section twenty-two of the principal Act is amended

(a)

in subsections (7) and (9) by the deletion of" Patents Tribunal" and the substitution therefor of " High Court";

(b)

in subsection (8) bythedeletionof thewords"Patents Tribunal" and "that Tribunal" wherever they occur and the substitution therefor of " High Court " and" that Court ", respectively.

Enaotment

Short title and commencement. Cap. 692

Amendment of section 2

Amendment ofsection 20

Amendment of section 22

-This Act shall come into operation on such dnto ,.." tho Minister may, by statutory instrument, appoint.

Single copie« of thi8 Act may be obtained from the Goverl1ment Printer,

P.O. Box :WI30. Lusaka, Price 20n.

144 No. 18 of 1980] Patents (Amendment)

Amondment of section 23

Amendment of section 24

Amendment of section 25

Amendment of section 30

Amondment of section 31

Amendment of secLion 37

1. Section twenty-three of the principal Act is amended in subsection (3) by the delet-ion in paragraph (c) of " Patents Tribunal" and the substitution therefor of " High Court".
2. Section tuientif-four of tho principal Act is amended in subsection (5) by the deletion of" Patents Tribunal" and tho substitution therefor of" High Court".
3. Section twenty-five of the principal Act is amended in proviso (i) to subsection (2) by the deletion of "Patents Tribunal" and tho substitution therefor of " High COllrt".
4. Section thirty of the principal Act is amended

(c)

in subsection (1) by the deletion of" Patents Tribunal" and the substitution therefor of" Registrar";

(b)

in paragraph (c) (Jf subsection (2) by tho deletion of "Patents Tribunal" and the substitution therefor of" Registrar ";

(c)

in subsection (3)

(i)

by the deletion of "registrar of the Patents Tribunal" and the substitution therefor of " Registrar " ;

(ii)

by the deletion of" by that Tribunal";

(d)

in subsection (4) by the deletion of the words" Patents Tribunal" wherever they occur and the substitution therefor of" Registrar";

(e)

in subsection (7) by the deletion of" Patents Tribunal" and the substitution therefor of" Registrar";

(f)

by tho addition after subsection (7) of the following new subsection :

(8) An appeal shall lie from any decision of the Registrar undor this section. .

9. Section thirty-one of the principal Act is amended in the proviso to subsection (5) by the doletion uf "Patents Tribunal" and the substitution therefor of" High Court".

10. Section thirtY-8el}(~nofthe principal Act is amended

(a) by the deletion of subsection (5) and tho substitution therefor of the following subsoetion :

(5) When, in relation to an application or an opposition thereto, the foregoing provisions of this section have boon complied with to tho extent therein required, the Registrar shall Bond all relevant papers to the High Court, and that court shall arrange for the matter to be heard in the manner proscribed and, subject to the provisions of this section, the High Court may make such order therein as it deems just. ;

Patents (Ame1Ulment) [No. 18 of 1980 as

(b) in the proviso to paragraph (a) of subsection (6) and in subsections (7), (8), (9), (10), (11) and (12) by the deletion of the words " Patents Tribunal" wherever they occur and the substitution therefor of "High Court ".

11. Section thirty-eight ofthe principal Act is amended-c-Amendment of sec~ion 38

(a)

in subsection (1) by the deletion of "Patents
Tribunal" and" such Tribunal" and tho substitution
therefor of "High Court" and "that Court", res
pectively;

(b)

in subsection (2) by the deletion of "Patents
Tribunal" and the substitution therefor of " High
Court ".

12. Section forty of the principal Act is amended in sub Amendment

of section 40

section (3) by the deletion of " Patents Tribunal" and the
substitution therefor of" High Court".

13. Section forty-two of the principal Act is amended in

Amendment

subsections (1) and (4) by the deletion of the words" Patents of section 42 Tribunal" wherever they occur and the substitution therefor of " High Court ".

14. The principal Act is amended by the repeal of section Repeal and fortyjour and the substitution therefor of the following section: refplacto.men4t4

. 0 sec Ion

44. In any action for infringement of a patent or Amendment any proceedings before the High Court for the rovocation of. .

_{f urt} bi t th . . fspeClficatlOn

o a patent, that co may, au Jec to e provisions 0 with leave of subsection (3) of section forty-three, allow the patentee to High Court amend his complete specification in such manner and subject to such terms as to costs, advertisement or otherwise as that court may think fit, and, if in any such proceedings for revocation the High Court decides that the patent is invalid, it may allow the specification to be amended under this section instead of revoking the

patent.

Amendment

15. Section forty-five of the principal Act is amended by the of section 45

deletion of" Court or the Patents Tribunal " and the substitution therefor of" High Court".

16. Section forty-eight of the principal Act is amended in Amendment

of section 48subsections (2) and (3) by the deletion of the words" Patents Tribunal" wherever they occur and the substitution therefor of " High Court".

17. Seotion fifty of the principal Act is amended in subAmondment sections (1), (2), (4), (5), (6) and (8) by the deletion of the words of section 50 "Patents Tribunal" wherever they occur and the substitution therefor of " High Court".

146 No. 18 of 1980] Patents (Amendment)

Amen~ent 18. Seotion fifty-one of the principal Aot is amended in

of section 51 subsections (1) and (2) by the deletion of the words" Patents Tribunal" wherever they occur and the substitution therefor of " High Court ".

Amendment 19. Part VII of the principal Act is amended by the addition ofPartvn after section fifty-seven of the following new section:

~terpreta-57A. In this Part, unless the context otherwise

Ion

Amendment

of section 58

Amendment

ofsection 60

Amendment

ofsection 67

Amendment

of section 69

Amendment

ofPart XI

Amendment

ofsection 73

Repeal of

sections 74, 75. 76 and 77

Amendment

ofsection 78

requires, " Court" means the High Court.

1. Section fifty-eight of the principal Act is amended in subsection (3) by the deletion of" Patents Tribunal or Court" and the substitution therefor of "High Court or Supreme Court ".
2. Section 8ixty of the principal' Act is amended by the deletion of the words "Patents Tribunal" wherever they occur and the substitution therefor of" High Court".
3. Section sixty-seven of the principal Act is amended in subsection (2) by the deletion of " or the Patents Tribunal" and the substitution therefor of ", the High Court or the Supreme Court".
1. Section 8ixty-nine of the principal Act is amended
1. by the deletion in aubseotion (2) of" Patents Tribunal" and the substitution therefor of" High Court";
2. by the deletion ofsubsection:(3);
3. msubsections (4) and (5) by the deletion of" Patents Tribuna.l" and the substitution therefor of " High Court ".
4. Part XI of the principal Act is amended by the deletion of the heading "PATENTS TRIBUNAL AND ApPEALS" and the substitution therefor of "ApPEALS ".
5. Section seoentsj-three of the principal Act is amended by the deletion of "Patents Tribunal" and the substitution therefor of" High Court".

26. The principal Act is amended by the repeal of sections 8eventy-four, seventy-five, seventy-six and seventy-seven.

27. Section seventy-eight of the principal Act is amcnded

(a) by the deletion of the marginal note and the substitution therefor of the following marginal note:

Appeals to
Supreme Court;

Patents (Amendment) [No. 18 of 1980 147

(b)

by the deletion of subsection (1) and the substitution
therefor of the following subsection:

(1) Any party to proceedings before the High Court may appeal in. accordance with rules made under this Part from any order or decision of that court to the Supreme Court;

(c)

in subsection (2) bythe deletion of the words" Court"
and "Patents Tribunal " wherever they occur and
the substitution therefor of "Supreme Court" and
" High Court", respectively.

28. The principal Act is amended by the repeal of section Repeal of section 79

8eventy-nine.

29. Section eighty of the principal Act is amended in sub Amendment

of sect.ion 80·

section (1) by the deletion of the words "Patents Tribunal"
and" Court" wherever they occur and the substitution therefor
of" High Court" and" Supreme Court", respectively.

30. The principal Act is amended by the repeal of section Repeal and replace

eighty-one and the substitution therefor of the following

ment of

section:

section 81

81. The Chief Justice may, by statutory instrument, Rules of make rules regulating the practice and procedure relating conn to appeals or references to the High Court or the Supreme Court, as the case may be, as to

(a)

the time within which any requirement of the rules is to be complied with;

(b)

the costs and expenses of and inoidental to any proceedings;

(c)

the fees to be charged in respect of suoh proceedings; and

(d)

the summary determination of any appeal whioh appears to the High Court or Supreme Court, as the case may be, to be frivolous or vexatious or to be brought for the purpose of delay.

31. The prinoipal Act is amended by the repeal of section Re~l and eighty-two and the substitution therefor of the following section: reP ac~ment2

of section 8 .

82. Where any matter to be decided by. the Registrar References under this Aot appears to him to involve a point of law to High orto be of unusual importance or complexity, he may, after ~~~:t~~ giving notice to the parties, refer such matter to the High Court for a deoision and shall, thereafter, in relation to such matter, act in accordance with the decision of that oourt or any deoision substituted therefor on appeal to thA Supreme Court.

148 No. 18 of 1980] Patent-s (Amendment)

Amendment of section 86

Amendment of section 90

Repeal of soctions 98, 91land

32. Section eighty-five of the prinoipal Act is amended by the deletion of" or tho Patents Tribunal".

33. Section ninety of the principal Act is amended in aubaection (2) by the deletion of" or the Patents Tribunal".

34. The principal Act is amended by the repeal of sections ninety-eight, ninety-nine and one husulred,