(e)
for fostering and directing exports and reducing imports or imports of
any classes from all or any countries and for redressing the balance of trade; or
(f)
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
(g)
for assisting the relief of suffering and the restoration and distribution
of essential supplies and services in Zimbabwe or any foreign country that is in grave
distress as the result of war;
and any reference in this Part to the service of the State shall be construed as
including a reference to the purposes referred to in paragraphs (a) to (g).
(2) In subsection (1)—
“period of emergency” means any period beginning on such date as may be declared
by the Minister, by statutory instrument, to be the commencement and ending on such
date as may be so declared to be the termination of a period of emergency.
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Reference of disputes as to State use
(1) Any dispute as to—
(a)
the exercise by a department of the State or a person authorized by the
Minister of the powers conferred by section eighteen; or
(b)
the terms for the use of a design for the service of the State
thereunder; or
the right of any person to receive any part of a payment made in
(c)
pursuance of subsection (3) of section eighteen;
may be referred to the Tribunal by any party to the dispute in such manner as may be
prescribed.
(2) In any proceedings under this section to which a department of the State is a party,
the department of the State may—
(a)
if the registered proprietor is a party to the proceedings, apply for
cancellation of the registration of the design upon any ground upon which the
cancellation of the registration of a design may be ordered by the Tribunal under
section twenty-five;
(b)
in any case, put in issue the validity of the registration of the design
without applying for its cancellation.
(3) If, in any proceedings under this section, any question arises whether a design has
been recorded or applied as mentioned in section eighteen and the disclosure of any
document recording the design or of any evidence of the application thereof would, in
the opinion of the Minister, be prejudicial to the public interest, the disclosure may be
made confidentially to the legal practitioner, if any, appearing for the other party or to
an independent expert agreed upon by the parties.
(4) In determining under this section any dispute between a department of the State
and any person as to terms for the use of a design for the service of the State, the
Tribunal shall have regard to any benefit or compensation which that person or any
person from whom he derives title may have received or may be entitled to receive,
directly or indirectly, from any department of the State in respect of the design in
question.
PART VI
ASSIGNMENTS, CORRECTIONS AND CANCELLATION
22
Registration of assignments, etc.
(1) Where any person becomes entitled—
(a)
by assignment, transmission or operation of law to a registered design
or to a share in a registered design; or
(b)
as mortgagee, licensee or otherwise to any other interest in a
registered design;
he may apply to the Registrar in the prescribed manner for the registration of his title
as proprietor or co-proprietor or, as the case may be, of notice of his interest in the
Register.