- 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 ". 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 (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 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 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
Tribunal" and" such Tribunal" and tho substitution
therefor of "High Court" and "that Court", res
pectively;
Tribunal" and the substitution therefor of " High
Court ".
substitution therefor of" High Court".