Patents
[CAP.400 35
(5) An appeal shall lie from any decision of the Registrar under
this section.
34. In every order restoring a lapsed patent made under section
thirty-three. there shall be inserted for the protection of persons who
may have 'availed themselves of the subject-matter of the patent after
a lapse of a period of three months from the date on which the
renewal fee was due, the following provisions, namely, that the
patentee shall not commence or prosecute any action or other pro
ceedings or recover damages:
Protective
provisions to
be inserted in
order for
restoration of
patent
(a) in respect of any irifringement of the patent which has taken
place after the lapse of the said period and before the date
of the order;
(b) in respect of any use of the subject-matter of the patent at
any time after the date of the order by the employment of
any means or composition of matter actually made within
or imported into Zambia, or in respect of any process put
into operation in Zambia in infringement of the patent after
the lapse of the said period and before the date of the order,
or in respect of the sale, purchase or use of any article
which is the product of the use of the said means, compo
sition of matter or process:
Provided that the employment of the said means. com
position of matter or process shall be limited to the person
by or for whom the said means, composition of matter or
process was so made, imported or put into operation, his
legal representative, his successors or assigns, or his
vendees. as the case may be:
(c) in respect of the employment at any time after the date of
the order of any further means, composition of matter or
process, being a reproduction or improvement of the means,
composition of matter or process referred to in paragraph
(b) or in respect of the sale, purchase or use of any article
which is the product of the said further means, composition
of matter or process:
Provided that the employment of the said further means,
composition of matter or process shall be limited to a per
son entitled to use, as aforesaid the means, composition of
matter or process specified in that paragraph.
(As amended by C,N. No. 185 of 1964)
35. (I) At any time after the sealing of a patent the patentee may
apply to the Registrar for the patent to be endorsed with the words
"licences of right" and where such an application is made, the
Registrar shall notify the application to any. person entered on the
register as entitled to an interest in the patent and if satisfied, after
giving any such person an opportunity to be heard, that the paten
tee is not precluded by contract from granting licences under the
Endorsement
of patent
"licences of
right"