recorded by or applied by or on behalf of a department of the State otherwise than in
consequence of the communication thereof directly or indirectly by the registered
proprietor or any person from whom he derives title, any use of the design by virtue
of subsection (1) may be made free of any royalty or other payment to the registered
proprietor.
(3) If and so far as a design has not been so recorded or applied as is mentioned in
subsection (2), any use of the design made by virtue of subsection (1) at any time
after the date of registration thereof or in consequence of any such communication as
is mentioned in subsection (2) shall be made upon such terms as may be agreed upon,
either before or after the use, between the Minister and the registered proprietor with
the approval of the Minister of Finance or as may, in default of agreement, be
determined by the Tribunal on a reference under subsection (1) of section twenty-one.
(4) The authority of the Minister in respect of a design may be given under subsection
(1)—
(a)
either before or after the design is registered and 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 authorized directly or indirectly by
the registered proprietor to use the design.
(5) Where any use of a design is made by a department of the State or any person
authorized by the Minister under subsection (1), then, unless it appears to the Minister
that it would be contrary to the public interest so to do, the Minister shall notify the
registered proprietor as soon as practicable after the use is begun and furnish him with
such information as to the extent of the use as he may from time to time require.
(6) For the purposes of this Part, any use of a design for the supply to the government
of any country outside Zimbabwe, in pursuance of any agreement or arrangement
between the Government of Zimbabwe and the government of that country, of articles
required for the defence of that country shall be deemed to be a use of the design for
the service of the State, and the power of a department of the State or a person
authorized by the Minister under subsection (1) to use a design shall include power—
(a)
to sell such articles to the government of any country in pursuance of
any such agreement or arrangement as aforesaid; and
(b)
to sell to any person any articles made in the exercise of the powers
conferred by this section which are no longer required for the purpose for which they
were made.
(7) The purchaser of any articles sold in the exercise of powers conferred by this
section and any person claiming through him shall have power to deal with them in
the same manner as if the rights in the registered design were held on behalf of the
State.
19
Right of third parties in respect of State use
(1) In relation to any use of a registered design or a design in respect of which an
application for registration is pending, made for the service of the State—
(a)
by a department of the State or a person authorized by the Minister
under section eighteen; or
(b)
by the registered proprietor or applicant for registration to the order of
a department of the State;
the provisions of any licence, assignment or agreement made, whether before, on or
after the appointed day, between the registered proprietor or applicant for registration
or any person who derives title from him or from whom he derives title and any
person other than a department of the State shall be of no effect so far as those
provisions restrict or regulate the use of the design or any model, document or
information relating thereto or provide for the making of payments in respect of any
such use or calculated by reference thereto, and the reproduction or publication of any
model or document in connection with the said use shall not be deemed to be an
infringement of any copyright subsisting in the model or document.
(2) Where an exclusive licence granted otherwise than for royalties or other benefits