statutory instrument.
2
Interpretation
In this Act—
“assignee”, in relation to a layout-design, means—
(a)
a person who has derived his title to the design for Zimbabwe directly
or indirectly from its proprietor or from the proprietor’s assignee; or
(b)
the legal representative of a person referred to in paragraph (a);
“certificate of registration” means a certificate of registration issued in terms of
section fourteen;
“Controller” means the Controller of Patents, Trade Marks and Industrial Designs
appointed in terms of paragraph (a) of subsection (2) of section 3 of the Patents Act;
“department of the State” means any—
(a)
department of the State; or
(b)
statutory corporation or authority which is prescribed for the purposes
of this definition;
“Designs Office” means the Industrial Designs Office referred to in subsection (1) of
section three;
“exclusive licence” means a licence from the proprietor of a registered layout-design
which confers on the licensee, or on the licensee and persons authorised by him, to
the exclusion of all other persons, including the registered proprietor, any right in
respect of the design;
“infringement”, in relation to a registered layout-design, means conduct that infringes
any the proprietor’s rights conferred by subsection (1) of section fifteen;
“integrated circuit” means a product, in final or intermediate form, containing
electrical, electromagnetic or optical elements and circuitry, which is capable of
performing an electrical or an optical function and in which at least a part of the
electrical, electromagnetic or optical elements and circuitry are integrally formed, in
accordance with a predetermined topography, in or on a semiconductor or other
material;
“Journal” means the Patent and Trade Marks Journal published in terms of section 95
of the Patents Act;
“layout-design” means a functional design which consists of the pattern, shape or
configuration, however expressed, of the three-dimensional disposition of all or some
of the electrical, electromagnetic or optical elements and circuitry of an integrated
circuit, and includes such a design of an integrated circuit that is intended for
manufacture;
“legal representative” means—
(a)
the liquidator or receiver of a company; or
(b)
a person who is recognised by law as the representative of any person
who has died, become insolvent or bankrupt or assigned his estate, is a minor, is of
unsound mind or is otherwise under a disability;
“Minister” means the Minister of Justice, Legal and Parliamentary Affairs or any
other Minister to whom the President may, from time to time, assign the
administration of this Act;
“Patents Act” means the Patents Act [Chapter 26:03];
“proprietor”, in relation to a layout-design, means the design’s proprietor as provided
in section eight;
“Register” means the Register of Integrated Circuit Layout-Designs kept at the
Designs Office in terms of section five;
“registered” means registered in the Register in terms of this Act;
“Registrar” means—
(a)
the Controller; or
(b)
a registrar referred to in subsection (3) of section three; or
(c)
an officer who is exercising a function which the Controller has
directed, in terms of subsection (4) of section three, should be exercised by that