(8) Section 64(2) shall not apply in the case of utility certificates.
(9) Section 70(2) shall not apply in the case of the infringement of the rights of
the owner of the utility certificate.
[s. 73]
75.
Conversion of patent applications or applications for utility certificates
(1) At any time before the grant of a patent or the notification of rejection of the
application or of refusal to grant a patent, an applicant for a patent may, upon payment
of the prescribed fee, convert his application into an application for a utility certificate,
which shall be accorded the filing date of the initial application.
(2) At any time before the grant of a utility certificate or of the notification of
rejection of the application, an applicant for a utility certificate may, upon payment of the
fee prescribed, convert application into a patent application, which shall be accorded the
filing date of the initial application.
(3) An application may not be converted under subsection (1) more than once.
(4) The details of the requirements of the procedure under this section shall be
prescribed by the Regulations.
[s. 74]
PART XVII
UNITED KINGDOM DESIGNS
(PROTECTION) (ss 76-78)
76. Rights in Tanzania of proprietor of design registered in United Kingdom
Subject to the provisions of this Act, the registered proprietor of any design
registered in the United Kingdom under the Patents and Designs Acts, 1907 to 1932, or
any Act amending or substituted for those Acts shall enjoy in Tanzania's the like
privileges and rights as though the Certificate of Registration in the United Kingdom had
been issued with an extension to Tanzania.
[s. 75]
77.
Innocent infringer not liable for damages
The registered proprietor of a design shall not be entitled to recover any
damages in respect of any infringement of copyright in a design from any defendant who
proves that at the date of the infringement he was not aware nor had any reasonable
means of making himself aware of the existence of the registration of the design:
Provided that nothing in this section shall affect any proceedings for an
injunction.
[s. 76]
78.
Grounds upon which Court may declare that rights have not been acquired
in Tanzania
The Court shall have power, upon the application of any person who alleges that
his interests have been prejudicially affected, to declare upon any of the grounds upon
which the United Kingdom registration might be cancelled under the law for the time
being in force in the United Kingdom that exclusive privileges and rights in a design have
not been acquired in Tanzania under the provisions of this Act.
Such grounds shall be deemed to include the publication of the design in
Tanzania prior to the date of registration of the design in the United Kingdom.
[s. 77]