The Zimbabwe Institute of Intellectual Property & Trademark Attorneys (ZIPTA) was established in 1962 and represents over 20 national patent attorneys, patent agents, trade mark practitioners and academics in Zimbabwe who specialise in the field of Intellectual Property Law. After a dip due to the economic headwinds confronting Zimbabwe, it became inactive for some years but has since been fully revived. ZIPTA is regarded as the custodian of the nation’s intellectual property rights, and comprises practicing attorneys, academics, practitioners in businesses and in general, people interested in the protection and enforcement of intellectual property rights.

The members of ZIPTA represent the majority of national and international businesses who have built their businesses on brands, innovation and technology, and who protect their interests through our country’s intellectual property laws. Members of ZIPTA also represent the interests of their individual firms and clients at a number of local and international organisations such as ARIPO, WIPO, LES, INTA, AIPPI, PTMY, FICPI, AIPLA, ITMA, MARQUES, etc.

Council & Committees

The business of the Institute shall be managed by the Council, who may exercise all such powers of the Institute and do on behalf of the Institute all such acts as may be exercised and done by the Institute and are not by the Constitution required to be exercised or doe by the Institute in General meeting; subject nevertheless to the provisions of the Constitution and to such regulations being not inconsistent with the aforesaid provisions as may be prescribed by the Institute in General Meeting but no regulations made by the Institute in General Meeting shall invalidate any prior act of the Council which would have been valid if such regulations had not been made.
 
In addition and without prejudice to the provisions hereinafter contained with reference to the Disciplinary Committee, the Council may delegate any of its powers to committees consisting of such Members of the Institute may from time to time be determined by the Council. 

The President or Vice-President for the time-being of the Institute shall be an ex-officio Member of every Committee of the Council other than the Disciplinary Committee.  Every such Committee shall elect a Chairman, who need not necessarily be the President or the Vice-President of the Institute.  Every such Committee so formed in the exercise of the powers so-delegated shall conform to any regulations that may be imposed on it by Council. 

The meeting and proceedings of any such committee shall be governed by the provisions of the Constitution regulating the meeting and proceedings of the Council so far as the same are applicable and are not superseded by any regulations made by the Council.

Disciplinary Provisions

There may be appointed, ad hoc by the Council from amongst its Members, a Disciplinary Committee consisting of not less than four Members, of whom three shall form a quorum, for the purpose of investigating and considering questions of professional practice generally and cases of alleged misconduct.
 
In the case of an allegation of misconduct, details of which shall be presented to Council in Affidavit form, the Member whose conduct is called in question shall be served with a copy of the papers presented to Council and shall be given notice of a meeting of the Disciplinary Committee at which his case will be considered.  Such notice shall be not less than 30 days after service of the copy papers upon the Member.  The Member shall be entitled, either by himself or by some other Member appointed by him in writing, or by or with a legal practitioner of the High Court, to appear at such meeting of the Committee where he may be heard or shall have the persons as aforesaid (if any) representing him be heard and in addition he may make written representation in Affidavit from prior to the hearing in explanation of his conduct, if he so wishes.  The Disciplinary Committee and the Council may appoint a legal practitioner of the High Court to attend and advise the Committee and the Council. 

Upon the conclusion of the hearing provided for above, the Committee shall report its findings and recommendations to Council which may take such action as it deems fit or is advised.

Notices

Notice may be served by the Institute upon a member, either personally or by sending it through the post in a prepaid letter addressed to such Member at his last registered place of abode or of business or by means of electronic communication including electronic mail or facsimile at the registered address or facsimile number provided by each member. 

Indemnity Of Officials

Every Member of the Council and of every Committee and Sub-Committee shall be indemnified by the Institute against all costs, losses and expenses which any such Member may incur or become liable for in any way in the execution of his office or trusts, except that the same shall be incurred or occasioned by his own willful act or default or neglect and subject as aforesaid none of the said Members shall be answerable for any act or default of any other of them or for joining in receipts for the sake of conformity or for any loss, misfortune or damage which may happen in the execution of his office or in relation thereto, except the same shall happen by his own willful act or default or neglect. 

Amendment Of Constitution

The Council may repeal, amend or add to the Constitution but such repeal, amendment or addition shall not take effect unless and until it has been submitted to a General meeting of the Institute and approved by a majority of not less than three-fifths (3/5ths) of the voting Members present.

Proceedings Of Council & Committees

Council may meet together for the dispatch of business, adjourn or otherwise regulate their Meetings as the Members thereof may think fit.  The quorum at meetings of the Council for the transaction of business shall be three.  Unless otherwise fixed by the Council the quorum at meetings shall be decided by a majority of votes.  In case of parity of votes at meetings of the Committee the Chairman thereof shall have a second or casting vote.  The continuing Members of Council may act notwithstanding any vacancy in their body at the time.  The President of the Institute shall preside at all meetings of Council; but if at any time the President is not available or if at any meeting the President has not arrived within five minutes after the time appointed for the holding of the same, or is not willing to act then the Vice President shall preside at such meeting or if the Vice President is likewise not present or willing to act, the Members present may choose from amongst their Members a Chairman to preside at such meeting and the person so chosen shall preside at the meeting. 

All act bona fide done by Council or by a Committee of Council duly constituted shall be valid notwithstanding that it is afterwards discovered that there was some defect in the appointment of such Council or Committee or of some Member or Members thereof or that any member of such Council or Committees was not duly qualified to act. 

The Council shall cause Minutes to be kept and shall record: 

  1. All appointments of officers; 
  2. The names of the Members present at each Meeting; 
  3. All resolutions and proceedings of General meetings and of Meetings of Council, and nay such Minutes of any Meeting of the Council or the Institute if purporting to be signed by the Chairman of such Meeting or the Chairman of the next succeeding Meeting, shall be sufficient evidence without further proof of the matters stated in such Minutes.

Disqualification Of Council Members

A member of the Council shall vacate office: 

  1. If he ceased to be a Member of the Institute; 
  2. If he becomes insolvent or executes any deed of arrangement in favour of, or makes any composition or arrangement with his creditors generally, or any class of his creditors; 
  3. If he becomes of unsound mind; 
  4. If he is absent from three consecutive meetings with the Council without special leave of absence and he is requested to resign by a resolution passed by a majority of the Members of the Council present and voting at a Meeting of the Council called with special notice given of intention to propose the aforesaid resolution; 
  5. If by notice in writing to the Institute he resigns his office.

Accounts

The Council shall cause true accounts to be kept giving full particulars: 

  1. Of all moneys, investments, and assets and liabilities of the Institute; 
  2. Of all moneys received and expended by the Institute and of all matters in respect of which such receipts and expenditure arise, and 
  3. Of all sales and purchases of goods by the Institute;

 
Proper books shall not be deemed to be kept if there are not kept such books of accounts as are necessary to give a true and fair view of the state of the Institute’s affairs and to explain its transactions.       
 
The Books of Account shall be kept at the office or such other place or places as the Council may from time to time determine and shall at all times be open to the inspection of Members of the Council. 

The Institute in General Meeting may impose reasonable restrictions as to the time and manner in which the accounts and books of the Institute or any of them shall be open to the inspection of Members of the Institute, and subject thereto such accounts and books shall be open to inspection of the Members at all reasonable times during business hours.  

The Council shall cause to be prepared and laid before the Institute at every Annual General Meeting of the Institute the income and expenditure account and the balance sheet and report by the Council made up to the 30th June in the year in which the meeting is held.

Winding Up

If upon the winding up or dissolution of the Institute there remains after the satisfaction of all it’s debts and liabilities, any property whatsoever, the same shall not be paid to or distributed amongst the Members of the Institute but shall be given or transferred to some other Institution or Institutions, having objects similar to the object of this Institute and which shall prohibit the distribution of its or their income and property amongst its or their Members, such institution or institutions to be determined by the Members of this Institute at or before the time of dissolution, and if so far as effect cannot be given to the aforesaid provisions then to some charitable organization or object decided by the Members.