PART XVIII
MISCELLANEOUS PROVISIONS (ss 79-81)
79.
Regulations
The Minister shall by statutory instrument, make Regulations prescribing
anything which under this Act is to be prescribed by the Regulations and generally for
the better carrying out of the objects and purposes of this Act or for giving force or effect
to its provisions or for its better administration.
[s. 78]
80.
Repeal of R.L. Cap 217
[Repeal of the Patent (Registration) Ordinance.]
[s. 79]
81.
Saving and transitional provisions
(1) Where a patent was registered in the United Republic under the former patent
law and the privileges and rights conferred by the registration were effective immediately
before the commencement of this Act then–
(a) subject to the following paragraphs, the patent shall be treated in the United
Republic as if it had been granted under this Act;
(b) the patent shall expire as regards the United Republic when those privileges
and rights would have expired if this Act had not been enacted;
(c) the patent may be invalidated only where those privileges and rights could have
been declared as not having been acquired in the United Republic if this Act
had not been enacted;
(d) the certificate of registration, or a certified copy thereof, shall be admissible as
prima facie evidence of the date and fact of registration; and
(e) an action for infringement shall lie under this Act only if the alleged infringement
occurred on or after the commencement of this Act, and in any other case may
be instituted and disposed of as if this Act had not been made.
(2) So far as is necessary for the purposes of subsection (1), the register of
patents under the former patent law shall be maintained as nearly as may be, and shall
be regarded and dealt with, as if it were part of the register under this Act.
(3) Section 41(1) and Part X of this Act shall not apply to licence contracts within
the meaning of section 43(1) and contracts assigning the right to a patent or assigning
applications or patents, provided that the said contracts were concluded before the
commencement of this Act, and are submitted for registration to the Registrar within 60
days from the commencement of this Act.
(4) In this section "the former patents law" means the Patent (Registration)
Ordinance ii *.
[s. 80]
i
ii
Note:
This Chapter incorporates Act No. 1 of 1987 which came into operation on 1st
September, 1994 and R.L. Cap. 219 which came into operation on 13th
November, 1936.
R.L. Cap. 217