Patents
[CAP.400
15
making of any application for a patent in respect thereof shall, in such
and subject to such conditions or exceptions as may be
prescribed 'by the regulations, be presumed to have been in conse
quence of such a communication as is mentioned in that subsection.
cir~mistances
(3) The powers of the Minister under this section, so far as they
are exercisable for the benefit of persons from whom inventions have
been communicated to, the Government by the governmentof any,
country, shall only be exercised if and to the extent that the Minister
is satisfied that substantially equivalent provision has beenor will be
made under the law of that country for the benefit of persons whose
inventions have been communicated by the Government to the gov
ernment of that country.
(4) References in subsection (3) to the communication of an
invention to or by the Government or the government of any country
shall be construed as including references to the communication of
the invention by or to any person authorised in that behalf by the
government in question.
(As amended by GN No. 185 of 1964)
lOA. (l) In this section
(a) "ARIPO" means the African Regional Industrial Property
ARIPO
Industrial
patents
-Organisation, formerly known as the Industrial Property
Organisanon . for English-Speaking Africa (ESARIPO),
which was established, under the former name, by an
agreement adopted at Lusaka on 9th December, 1976; and
(b) "ARIPO Protocol" means the Protocol on Patents and
Industrial Designs within the Framework of ARIPO,
adopted at Harare on 10th December, 1982.
(2) Where a patent has been granted by ARIPO under section 3
of the ARIPO Protocol and the Registrar has 'notobjected, under
section 3 (6) of the Protocol, to the patent having effect in Zambia,
the patent shall for all purposes be deemed to have been granted
under this Act.
(7)
(3) A patent shall not be deemed to have been granted under this
section if, under section 3 (6) of the ARIPO Protocol, the Registrar
objects to its having effect in Zambia.
(AI' amended by Act No. 26 of 1987)
PART IV
ApPLICATIONS GENERALLY
11. Application for a patent for an invention may be made by any
of the following persons, that is to say:
Persons enti
tied [0 make
application