(a)
a legal practitioner; or
(b)
registered as a patent agent in the Register of Patent Agents kept in
terms of the Patents Act [Chapter 26:03]; or
(c)
registered as a trade mark agent in the Register of Trade Mark Agents
kept in terms of the Trade Marks Act [Chapter 26:04].
41
Lodging and authentication of documents
(1) Any application, notice or document which, under this Act, is required or
permitted to be lodged, made or given at the Trade Marks Office or to the Registrar or
to any other person, may be delivered by hand or sent by registered post.
(2) No authentication shall be required in respect of any document lodged in the
Trade Marks Office under this Act or used in proceedings before the Registrar or the
Tribunal.
42
Provisions as to fees
(1) Where, under this Act, a fee is payable in respect of¾
(a)
the doing of anything by the Registrar, the Registrar shall not do that
thing until the fee has been paid;
(b)
the doing of anything by any person other than the Registrar, the thing
shall be deemed not to have been done until the fee has been paid;
(c)
the lodging of a document, the document shall be deemed not to have
been lodged until the fee has been paid.
(2) All fees shall be paid at the Trade Marks Office in such manner as the Registrar,
with the approval of the Minister, may accept.
43
Publication of matters in Journal
The Minister may direct the Registrar to publish in the Journal any reports of cases on
geographical indications and other relevant matters that the Minister thinks desirable.
44
Regulations
(1) The Minister may make regulations prescribing anything which under this Act is
required or permitted to be prescribed or which, in his opinion, is necessary or
convenient to be prescribed for carrying out or giving effect to this Act or for its
better administration.
(2) Regulations made in terms of subsection (1) may provide for¾
(a)
the form of applications for the registration of geographical
indications and the form of any copies and drawings and other documents that may be
lodged at the Trade Marks Office;
(b)
the number of copies of any article or document to be lodged at the
Trade Marks Office;
(c)
the procedure to be followed in connection with any application or
request to the Registrar and in any proceedings before him, including the condoning
of procedural irregularities;
(d)
the service of notices and other documents in connection with
proceedings under this Act;
(e)
fees payable in respect of any application, registration or other matter
under this Act;
(f)
the conduct of the business of the Trade Marks Office;
(g)
the provision of services by the Trade Marks Office, including the
provision of information regarding geographical indications, and the fees and charges
payable for such services;
(h)
giving effect to any international treaty or agreement which relates to
geographical indications and to which Zimbabwe is a party.
45
Saving of right to use certain descriptions, names or trade marks
(1) Nothing in this Act shall prevent the application to any product of a description
or name which is customarily applied to that product in common parlance in
Zimbabwe, even if the description or name is identical to a geographical indication
applied elsewhere to that product.
(2) Nothing in this Act shall limit the right of any person, in the course of business,