850 No. 40 of 2016]
Patents
(2) Where a utility model is granted by ARIPO but the grant is
made without the communication required to be made by ARIPO
to a member State in accordance with the Harare Protocol, or
where the grant precedes the communication by ARIPO, such a
utility model shall not have legal effect in Zambia.
Register of
patent
agents
Registration
as patent
agent
Functions of
patent agent
PART XVI
PATENT AGENTS
114. The Registrar shall maintain a register of patent agents
in which shall be entered particulars of patent agents as may be
prescribed.
115. (1) A person qualifies to be registered as a patent agent
if the person—
(a) is of sound mind;
(b) is at least twenty-one years of age;
(c) is a Zambian citizen or holder of a permanent resident
permit;
(d) has passed the qualifying examination prescribed for patent
agents; and
(e) has paid the prescribed fee.
(2) A person who is qualified to be registered as a patent agent
may apply, in the prescribed form and manner, to the Registrar to
be registered as such.
(3) The Registrar shall register a person who qualifies to be
registered as a patent agent and issue such person with a patents
agent’s certificate, as prescribed.
(4) Despite subsection (1), a practitioner who practices in
Zambia may act as a patent agent without being registered as
specified in this Part.
(5) A person who is not a practitioner shall not, either in
partnership with another person or not, practice, describe or hold
out, as a patent agent, unless that person is, and the partners are
registered, with the Agency, as patent agents.
116. (1) Subject to this Act, a patent agent may act as an
agent on behalf of a person in connection with any matter or
proceedings before the Registrar and may prepare and sign any
document connected with or incidental to the application of a grant
of a patent and make all communications between an applicant
and the Agency.
(2) A body corporate shall not practice, describe itself or hold
itself out or permit itself to be held out as a patent agent.