(1)
Where, upon the coming into force of this Act, in relation to an application made
under the Patents Act(a)
(b)
no certificate of interim protection has been issued; or
a certificate of interim protection has been issued;
the application shall be processed in accordance with the provisions of this Act.
(2)
The Controller shall (a)
(b)
(3)
Subject to subsection (4), the term of every patent or trademark that has not
expired at the time of coming into force of the Patents Act and the Trademarks Act
shall, notwithstanding the repeal of the Patents Act and the Trademarks Act, be
deemed to be the unexpired period from the date of the patent or registration of
trademark.
(4)
Any patent or trademark, before the coming into operation of this Act which has
been extended or renewed under the repealed Patents Act and Trademarks Act shall on
the coming into force of this Act, remain in force for the unexpired portion of the
period for which it was extended.
(5)
Nothing in this Act shall apply to or affect (a)
any proceedings for the invalidation or infringement of a patent commenced
before the coming into operation of this Act; and
(b)
any application for the extension of the term of a patent made before the
commencement of this Act.
(6)
Notwithstanding subsection (3) and (4), a patent referred to therein shall be
subject to the payment of the prescribed annual maintenance fee.
(7)
Where, into coming into force of this Act, an application made under the Trademarks
Act is pending, such application shall, notwithstanding the repeal of the
Trademarks Act, be dealt in accordance with the provision of this Act.
(8)
The Controller shall -
(9)
56.
perform all the functions of and exercise all the powers conferred in
relation to patents under the Patents Act; and
be the custodian of the Register of patents kept under the Patents Act and of
the patents granted under that Act together with the certificates of interim
protection and other relevant records.
(a)
perform all the functions of and exercise all the powers conferred on the
Authority, in relation to trade marks under the Trademarks Act;
(b)
be the custodian of the Register of Trademarks kept under the Trademarks Act
and of any relevant records.
Notwithstanding the repeal of the Trademarks Act, a trademark registered thereunder
shall remain in force but shall on coming into force of this Act, be deemed to have
been registered under this Act.
Commencement
(1)
This Act shall come into force on a date to be fixed by Proclamation.