(16) An appeal shall lie from any refusal of the Registrar to issue directions in terms
of subsection (4).
24
Use of registered layout-design for service of the State
(1) Notwithstanding anything in this Act, any department of the State or any person
authorised in writing by the Minister may exploit any registered layout-design for the
service of the State in accordance with this section.
(2) Any exploitation of a registered layout-design by virtue of subsection (1) shall be
done upon such terms and conditions as may be agreed upon between the Minister
and the registered proprietor concerned with the approval of the Minister responsible
for finance or, in default of agreement, as may be determined by the Tribunal on a
reference under subsection (1) of section twenty-six.
(3) The Minister’s authority under subsection (1) may be given—
(a)
either before or after the acts in respect of which the authority is given
are done; and
(b)
to any person, whether or not he is authorised directly or indirectly by
the proprietor concerned to exploit the layout-design concerned.
(4) As soon as possible after a registered layout-design has been exploited with the
authority of the Minister under subsection (1), the Minister shall notify the proprietor
concerned and furnish him with such information as to the extent of the exploitation
as the proprietor may require from time to time.
(5) A purchaser of any articles sold in the exercise of powers conferred by this
section, and any person claiming through such a purchaser, shall be entitled to deal
with them in the same way as if the President were the proprietor of the registered
layout-design concerned.
25
Special provisions as to State use during emergency
(1) During any period of emergency the powers exercisable in relation to a registered
layout-design by a department of the State or a person authorised by the Minister
under section twenty-four shall include power to exploit the design for any purpose
which appears to the Minister necessary or expedient—
(a)
for the efficient prosecution of any war in which Zimbabwe may be
engaged; or
(b)
for the maintenance of supplies and services essential to the life of the
community; or
(c)
for securing a sufficiency of supplies and services essential to the
well-being of the community; or
(d)
for promoting the productivity of industry, commerce or agriculture;
or
(e)
generally, for ensuring that the whole resources of the community are
available for use, and are used, in a manner best calculated to serve the interests of the
community; or
for assisting the relief of suffering and the restoration and distribution
(f)
of essential supplies and services in any part of Zimbabwe or any foreign country that
is in grave distress as the result of war;
and any reference in that section or in section twenty-six to the service of the State
shall be construed as including a reference to any of the purposes referred to in
paragraphs (a) to ( f ).
(2) In subsection (1)—
“period of emergency” means¾
(a)
any period when Zimbabwe is engaged in any war and the period
immediately following thereon until such date as may be declared by the President,
by proclamation in the Gazette, as the end of the period of emergency caused by that
war; or
(b)
any period when a declaration under subsection (1) of section 31J of
the Constitution is in effect; or
(c)
any period when an emergency or disaster threatens the life or well