القواعد بشأن محكمة البراءات، زامبيا

Patents [CAP. 692

Patents Tribunal Rules [SUBSIDIARY]

PART V

TAXATION OF COSTS

Rule

1. Registrar of Patents Tribunal to be Taxing Officer
2. Necessary and proper costs to be allowed
3. Scale of fees to be followed
4. Witnesses' charges and allowances'
5. Taxation of costs
6. Review of decision of Taxing Officer
7. Reference to president of Tribunal in chambers

PART VI

GENERAL

1. Adjournment of proceedings
2. Place of hearing
3. Prescribed forms
4. Prescribed fees
5. Endorsement of fee on document chargeable
6. Oath to be taken by assessors appointed under section 79
7. Remuneration of assessors

FIRST SCHEDuLE-Prescribed forms

SECOND SCHEDULE-Prescribed fees

78 CAP. 692] Patents

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Federal

Section S1-THE PATENTS TRIBUNAL RULES

Government Notice 252 of 1957 Rules by the .Minister

Government Notice 497 of 1964

PAHT I

PRELIMINARY

^Title 1. These Rules may be cited as the Patents Tribunal Rules.

Intorpreta2. In these Rules, unless the context otherwise requires

tion

" Office" means the Patent Office; " section " means a section of the Act; " Tribunal" means the Patents Tribunal.

PART II

APPEALS

Entry of 3. (1) Any person who desires to appeal to the Tribunal

appeal

from a decision of the Registrar of Patents in any matter in which a right of appeal is given under the Act shall, within three months after the date of the decision, file with the registrar of the Tribunal a notice in Form P.T. No.1.

(2)

A notice of appeal shall state the nature of the decision appealed against and whether the appeal is from the whole or part only and, if so, what part of the decision, and shall be accompanied by a statement in writing of the appellant's grounds of appeal.

(3)

The appellant shall send a copy of the notice of appeal to the Registrar of Patents and to any person or persons who appeared or gave notice of opposition in the proceedings before the said Registrar.

(4)

The appellant shall be responsible for the preparation of the record which shall be certified by the Registrar of Patents as correct in terms of sub-rule (7).

(5)

The Registrar of Patents as well as the parties or their legal practitioners shall endeavour to exclude from the record all documents (more particularly such as are purely formal) that are not relevant to the subject-matter of the appeal, and generally to reduce the bulk of the record as far as practicable, and to avoid the production of unnecessary exhibits, taking special care to avoid the duplication of documents and the unnecessary repetition of headings, and furnish merely the formal particulars of documents; but the documents omitted to be copied shall be enumerated in a list to be placed after the index or at the end of the record.

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(6)

The Registrar of Patents, after consultation with the registrar of the Tribunal, shall direct the number of copies of the record to be prepared, having regard to whether or not one or more assessors are likely to sit upon the hearing of the appeal.

(7)

After the completion of the preparation of the record, the Registrar of Patents shall certify the record to be correct and forward it to the registrar of the Tribunal together with such copies thereof as he has directed to be prepared in terms of subrule (6).

4. (1) Any application for an extension of time in which to Application for an

appeal shall be in Form P.T. No.2 and shall state briefly the

extension of

grounds upon which the application is based and where facts

time in are alleged such facts shall be verified by affidavit. which to

appeal

(2)

The application accompanied by supporting documents shall be delivered to the registrar of the Tribunal and copies shall forthwith be served by the appellant on the Registrar of Patents and on any person or persons who appeared or gave notice ofopposition in the proceedings before the said Registrar.

(3)

The respondent shall be entitled to file an affidavit in reply within fourteen days from the date of service or within such longer period as may be ordered by the Tribunal, and the Tribunal may permit further affidavits to be filed. Copies of such affidavits shall be served on the Registrar of Patents and on the appellant or the respondent, as the case may be, immediately after the affidavits are filed.

5. (l) The registrar of the Tribunal shall, after obtaining Notice of directions from the president of the Tribunal, give to the hearing Registrar of Patents, to the appellant and to any opposing party not less than fourteen days' notice of the time and place appointed for the hearing of the appeal, unless the president of the Tribunal directs that shorter notice shall be given.

(2)

In any case where the setting down of the hearing of an appeal has been delayed, any party may apply to the registrar of the Tribunal to fix a date for the hearing, and thereupon the registrar of the Tribunal, after consulting any other party and the president of the Tribunal, shall set down the appeal for hearing after having given to the Registrar of Patents and to any other party not less than fourteen days' notice or such shorter notice of the time and place appointed for the hearing of the appeal as directed by the president of the Tribunal.

(3)

Ifin the opinion of the registrar of the Tribunal an appeal is not being prosecuted timeously, he may lay the matter before the president of the Tribunal for directions and, if the president of the Tribunal is satisfied that the parties do not intend or are unable to proceed with the appeal, he may direct that the parties attend before him to show cause why the appeal should not be dismissed.

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Evidence

Attendance of witnesses

Security on appeal

Abandon

ment or

failure to

prosecute

appeal

Frivolous or vexatious appeals

1. Subject to the provisions of subsection (4) of section seventy-five, the evidence used on appeal to the Tribunal shall be the same as that used before the Registrar of Patents and no further evidence shall be given, except with the leave of the Tribunal.
2. The Tribunal may, at the request of any party, order the attendance at the hearing for the purpose of cross-examination of any person who has given evidence in the matter to which the appeal relates.
3. (1) Subject to the provisions of section seventy-seven, any party may, at any time before the hearing of an appeal, apply to the Tribunal for an order that any opposing party shall, within such time, in such amount and in such manner as the Tribunal directs, give security for the payment of any costs which such opposing party may be ordered to pay.

(2)

The party applying for an order for security for costs shall serve upon the opposing party a copy of the notice of the application for security at least seven days before the date of the hearing thereof.

(3)

Any party ordered to give security for costs in terms of this rule may apply to the Tribunal for an order extending the time within which any security is to be given, and shall give not less than four days' notice of such application to the other party.

(4)

In the event of the security not being given or being only partly given within the time directed by the Tribunal or any extension thereof, all proceedings in the appeal shall be deemed to be stayed, unless the Tribunal otherwise orders, and the appeal shall be set down for such order, whether of dismissal or otherwise, as the Tribunal may think fit.

9. (1) An appellant may at any time abandon his appeal by giving notice of abandonment in Form P.T. No. 3 to the registrar of the Tribunal and upon such notice being given the appeal shall be deemed to have been dismissed by the Tribunal.

(2)

The appellant shall serve a copy of the notice of abandonment on the respondent and on the Registrar of Patents.

(3)

The respondent may, upon receipt of such notice, apply to the Tribunal for an order in respect of any costs incurred by him.

10. Ifit appears to the Tribunal that any notice of appeal against a decision of the Registrar of Patents discloses grounds of appeal which are frivolous or vexatious and that the appeal can be determined without a hearing, the Tribunal may dismiss the appeal summarily without calling on any person to attend the hearing of such appeal.

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PART III

ApPLICATIONS AND OPPOSITIONS

ll. (1) Subject to the provisions of section sixty-six, an application to the Tribunal under section thirty for an order extending the term of a patent shall be made in Form P.T. No.4 and shall be filed with the Registrar of Patents after the applicant has duly advertised his application in two consecutive issues of the Patent J ournal and notified in writing the registered licensee or patentee, as the case may be, of the advertisement.

(2) The application shall state the period of the extension which is sought and shall be supported by evidence setting out fully the facts relied upon, such evidence being filed either with the application or at any time within three months from the date thereof.

(:3) At any time within two months from the date of the second advertisement of the application in the Patent Journal, any person may give notice of opposition.

(4)

Such notice shall be in Form P.T. No.5 and shall be accompanied by a statement setting out fully the nature of the objector's interest, the grounds of opposition and the relief which he seeks and evidence of the facts upon which he relies.

(5)

Within two months from the receipt of the notice of opposition, the applicant may file evidence confined to matters strictly in reply and shall serve on the objector a copy of the evidence. Proof of service must be furnished to the satisfaction of the Registrar of Patents.

(6)

An objector shall be entitled at his own expense to be supplied with a copy of the application and of any evidence filed in support thereof.

(7)

When the provisions of this rule have been complied with to the extent herein required, the Registrar of Patents shall hand all relevant papers to the registrar of the Tribunal.

12. (1) An application under section thirty-eight for a licence under a patent shall be made in Form P.T. No.6 and shall be filed with the Registrar of Patents.

(2)

The application shall set out fully the nature of the applicant's interest, the facts upon which he bases his case and the relief he seeks and shall be accompanied by an affidavit verifying the facts set out therein.

(3)

The applicant shall serve copies of the application and of the relevant affidavit upon the patentee and upon any other person appearing from the register to be interested in the patent, and he shall advertise the application in one issue of the Patent Journal in such form as may be approved by the Registrar of Patents.

Application for extension of patent

Application for compulsory licence in respect of patents relating to food or certain other commodities

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(4)

At any time within two months from the date of the advertisement, the patentee or any other person who wishes to oppose the application shall deliver to the Registrar of Patents a counter-statement, verified by affidavit, setting out fully the grounds upon which the application is opposed, and shall at the same time serve upon the applicant a copy of the counterstatement and of such affidavit. Proof of service shall be furnished to the satisfaction of the said Registrar.

(5)

When the provisions of this rule have been complied with to the extent herein required, the Registrar of Patents shall hand all relevant papers to the registrar of the Tribunal.

Dispute as 13. (1) Any reference to the Tribunal under section forty-two

to State use

by a party to a dispute (hereinafter referred to as " the claim

ant") shall be made in Form P.T. No.7 and shall be filed with

the Registrar of Patents.

(2)

The claimant shall by affidavit verify the facts upon which he relies and shall state fully the nature of his interest in the matter in dispute and the relief which he seeks.

(3)

The claimant shall serve a copy of his claim and of the relevant affidavit upon the other party to the dispute.

(4)

The other party shall within two months from the date of receipt of such copy deliver to the Registrar of Patents a counter-statement, verified by affidavit, setting out fully the nature of his interest and the facts upon which he relies, and shall at the same time serve upon the claimant a copy of the counter-statement and of such affidavit.

(,Ii) Proof of service shall be furnished to the satisfaction of the Registrar of Patents.

(6)

When the provisions of this rule have been complied with to the extent herein required, the Registrar of Patents shall hand all relevant papers to the registrar of the Tribunal.

(7)

Any party to the dispute may at any time during the proceedings under this rule make application to the Tribunal for an order for the hearing of oral evidence, and the Tribunal shall make such order as it deems fit.

Revocation 14. (1) An application for the revocation of a patent under

of patent

section fifty shall be made in Form P.T. No.8 and shall be filed with the Registrar of Patents.

(2) The applicant shall serve copies of the application upon the patentee and shall advertise the application in one issue of the Patent Journal in such form as may be approved by the Registrar of Patents.

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(3)

The period within which a counter-statement may be lodged by the patentee shall be two months from the date of receipt by him of the application. If such counter-statement is not lodged within the said period, opposition to the application shall be deemed to be abandoned.

(4)

The applicant may within two months from the receipt of the copy of the counter-statement file evidence in support of his case and shall serve on the patentee a copy thereof.

(5)

Within two months from the receipt of the copy of the applicant's evidence or, if the applicant does not file any evidence, within two months from the expiration of the time within which the applicant's evidence might have been filed, the patentee may file evidence in support of his case and shall serve on the applicant a copy of the evidence; and within two months from the receipt of the copy of the patentee's evidence, the applicant may file evidence confined to matters strictly in reply and shall serve on the patentee a copy of the evidence.

(6)

No further evidence shall be filed by either party except by leave or direction of the Tribunal.

(7)

Proof of service of all notices, statements or other documents referred to in this rule shall be furnished to the satisfaction of the Registrar of Patents.

(8)

When the provisions of this rule have been complied with to the extent herein required, the Registrar of Patents shall hand all relevant papers to the registrar of the Tribunal.

15. An application for the rectification of the register under Reotification

of register

section sixty shall be made to the Tribunal in Form P.T. No.9 and a copy thereof shall be served on the Registrar of Patents and on any other person appearing from the register to be interested in the patent.

Hearing of

16. (1) When the registrar of the Tribunal has received

applications

from the Registrar of Patents the papers or written proceedings in relation to any application or other matter made to the Tribunal under the provisions of the Act 01' in matters where applications to the Tribunal are not required to be transmitted through the said Registrar, he shall, after taking directions from the president of the Tribunal, appoint a time and place for the hearing of the case, and shall give the parties at least fourteen days' notice of the appointment.

(2) After hearing the party or parties desiring to be heard or, if none of the parties desires to be heard, then without a hearing, the Tribunal shall decide the case and notify its decision to the parties.

17. (1) All evidence shall be by affidavit unless otherwise Evidenoe by affidavit

directed by the Tribunal.

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(2) Whenever a time is specified in this Part within which any act or thing is to be done, the Registrar of Patents may, on application made to him in writing, extend the time either before or after its expiration or within any extended period.

Costs 18. If the applicant notifies the Tribunal that he does not desire to proceed with an application, the Tribunal in deciding whether costs should be awarded to the other party shall consider whether proceedings might have been avoided if such other party had given reasonable notice to the applicant before the application to the Tribunal was filed.

PART IV

PATENT AGENTS

Recognition

19. The *Patents Institute of Rhodesia and Nyasaland

of Institute

(hereinafter called" the Institute") is hereby recognised for

the purposes of subsection (4) of section sixty-nine as being

representative of the patent agents in Zambia.

Procedure 20. (1) An application under subsection (2) of section si;t·tyunder

nine for an order to remove the name of any patent agent from

section 69 (2)

the register of patent agents or to suspend any patent agent from practising as such shall be made to the Tribunal by the Institute or by any other person, and such application, accompanied by affidavits of the facts upon which it is based, shall be filed with the registrar of the Tribunal.

(2) A copy of the application and of the accompanying affidavits shall be served upon the patent agent concerned, who within one month after receipt thereof shall notify the registrar of the Tribunal in writing whether he wishes to adduce evidence and to be heard by the Tribunal.

II

I IIIi^I I^II

(3)

Thereafter the registrar of the Tribunal, after consultation with the president of the Tribunal, shall appoint a time for the hearing of the application and shall give the parties and the Registrar of Patents at least fourteen days' notice of the appointment.

(4)

If, after due inquiry into the allegations made, the Tribunal is satisfied that the patent agent concerned has been guilty of conduct discreditable to a patent agent or has been guilty of a breach of any regulation prescribed for the conduct of patent agents, the Tribunal shall make such order therein as it considers just.

Institute 21. Upon application under subsection (2) of section sixtyentitled to nine being made by any person other than the Institute to

appear in all

remove the name of any patent agent from the register of

proceedings patent agents or to suspend any agent from practising as such, notice of such application shall, within fourteen days after the date of filing of the application, be served on the secretary of ... This Institute is defunct but has not yet been replaced.

Patents [CAP. 692

Patents Tribunal Rules [SUBSIDIARY]

the Institute together with copies of all affidavits and other documents filed in support of such application, and the Institute shall be entitled to appear by one of its officers in support of or in opposition to any such application.

PART V

TAXATION OF Cosrs

1. The registrar of the Tribunal shall be the Taxing Officer for the purpose of taxing a bill of costs of a legal practitioner, and in the taxation of costs shall comply with such instructions as may from time to time be given to him by the Tribunal for that purpose.
2. (1) With a view to affording the party who has been awarded an order for costs a full indemnity for all costs reasonably incurred by him in relation to his application or opposition, and to ensure that all such costs shall be borne by the party against whom such order has been awarded by the Tribunal, the Taxing Officer shall on every taxation allow all such costs, charges and expenses as appear to him to have been necessary or proper for the attainment of justice or for defending the rights of any party, but, save as against the party who incurred the same, no costs shall be allowed which appear to the Taxing Officer to have been incurred or increased through over-caution, negligence or mistake, or by payment of a special fee to counsel, unless the Tribunal otherwise orders, or special charges and expenses to witnesses or other persons or by other unusual expenses.

(2)

Upon the taxation of costs the Taxing Officer may, in determining the remuneration to be allowed, have regard to the skill, labour and responsibility involved, If, on having regard to the said matters, the Taxing Officer considers that there are special reasons why costs in excess of those prescribed in the Second Schedule should be allowed, he may, in respect of any particular application made or business done, allow such costs as seem to him reasonable and shall certify his decision in writing.

(3)

Any person aggrieved by the charges made by any legal practitioner in respect of work performed by him under the provisions of the Act may refer such charges to the Taxing Officer for taxation.

24. In the taxation of costs the Taxing Officer shall be guided, as far as the circumstances of each particular case will permit, by the scale of fees prescribed in Part IV of the Second Schedule. In addition to these charges all disbursements shall be separately charged and shall be allowed by the Taxing Officer when reasonable.

Registrar of Patents Tribunal to be Taxing Officer

Necessary and proper costs to be allowed

Scale of fees to be followed

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(6)To besignedby(6) ..................••••.............•••.•.•••••••.......•

the appellant(s)

or hlB/thelr legal

practitioner

The Registrar of the Patents Tribunal,

ceedlngs, thename ...................................................................

of the appllcant(s)

and the number . of the application

for Letters Patent

and

(2) State the name IN THE MATTER of an opposition by (2) ................•............. of the objootor(s)

~p~;S:KPllCatiOn IB:: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::

you are hereby notified that the above-named appellant(s) hereby abandon(s) all further proceedings in the above matter. Dated this day of , 19 .

(3) To be signed(3) ....••.................................•................

by the appellant(s)

or hlB/thelr legal

practitioner

The Registrar of the Patents Tribunal, Lusaka, Zambia.

Form P.T. No.4 Section 30 (1) Rule 11 (1)

THE PATENTS ACT Fee: K6

ApPLICATION UNDER SECTION 30 OF THE ACT FOR EXTENSION OF TERM OF PATENT

(1) State full name I/We (1) ......•..................................................

and addreB8 of

appllcant(s) .

hereby apply for an extension of the term ofPatent No .

}~~ ~:;~ rx~~lon for a period of (2) ............•••............. year(s), on the following IBsought

(3) Here state grounds (3) .

brieflythe nature

of the grounds

Dated this .•.•...•........ day of , 19 .

(4) To be a\ped(4) ••••.•.•••••.......•••••..•......•...••...•...•......... by the appUcant(s)

or hlB/thelr legal

practitioner My/Our address for service in Zambia:

The Registrar, The Patent Office, Lusaka. Zambia. NOTB.-The application must be accompanied by evidence setting out fully the facts relied upon.