World Intellectual Property Organization

Zambia

The Registered Designs (Amendment) Act, 1980 (Act No. 16 of 1980)

 

 


133

Registered [No. 16 of 1980

Designs (Amendment)

GOVEl"tNl\lENT OF ZAMBIA

ACT

No. 16 of 1980

Date of Assent: 21st Docornber, 1980

An Act to amend the Registered Designs Act

[*

ENACTED by the Parliament of Zambia,

1. (l) This Act may be cited as the Registered Designs (Amendment) Act, 1080, and shall be road as one with the Registered Designs Act, hereinafter referred to as the principal Act.

(2)
TIlls Act shall come into operation on such date as tho Minister may, by statutory instrurnonb, appoint.
2. Section two of the principal Act is amended in subsection
(1)
by the deletion of the definitions of" Court ", "High Court" and" 'I'ribunal ".
  1. Section sixteen of the principal Act, is amended in subsection (2) by the deletion of "Court" and the substitution therefor of " High Court".
  2. Section eighteen of the principal Act is amended in subsection (3) by tho deletion of "Tribunal" and the substitution therefor of "High Court".
  3. Section nineteen of the principal Act is amended in paragraph (a) of subsection ('1) and in subsection (5) by the deletion of "Tribunal" and the substitutiun therefor of " High Court".

Ena.otment

Short title

"'nn

commence

ment.

C"'p. ()!l6

Amendment of section 2

Amendmont of section 16

Amendment of section 18

Amendment of section 10

*1'h18Act sh..Ucome into oporntion on ~lIch (t.~t.u U~ the lIIilli"tcr m.•y. hy stututory insta-uincut, appoillt..

Singlc copies oj 'hi.• Act mo.!1 "" obhilto{ [rom th« t.orernn.cn : Printer,
I'D, Box :1O J :lG. Lusaku; Price lu»,

134 No. 16 of 1980] Re(li.stercd

De8ig1UJ (AmmIJlment)

Amendmont of .eotion 21

Amondmont of seotion 22

Amendment of section 24

Amendment of sootion 27

Repeal nnd roplnoomont of sootion 33

Power of RegistrAr to award oosts

Repeal and roplaooment of section 35

High Court to honr appeals

Repeal of sootiona 36 and 37

Ropoaland replnoement of aootion 38

Rules of eourt

  1. Section twenty-one of the prlncipel Act is amended in subsections (1), (2) and (4) by the deletion of "l'ribunal" and the substitution therefor of " High Court ",
  2. Section lwenty-tn'o of the principal Aot is amended in subsection (5) by the deletion of .. Tribunal or tho Court" and the substitution therefor of "High Court or the Supreme Court",

8. Section twentY10ur of the principal Aot is amendod

(a)
ill subsections (1) and (2) by tho deletion of" Trlbunal " and tho substitution thorofor of .. High Court";
(b)
by tho deletion of subsection (3);
(c)
in subsection (.1) by the deletion of "Trlbunal " and the substitution therefor of " High Court,",

9, Section lwentll-ReVCn of tho principal Aot is amended in subseotion (2) by the deletion of .. 'I'ribuuc! or by the Court" and the substitution therefor of" High Court or by the Supreme Court".

10, The principal Act is amended by the repeal of aeotion thirty-three and the substitution thorefor of' the following section:

33. In all proceedings before the Registra.r under this Act. the Registrar shall have power to award to any pa.rty such costs as he may consider reasonable and to direct how and by what parties they are to bo paid. and any costs so awarded shall be taxed by tho High Court and payment thereof may be enforced in the same manner as they were costs allowed by the High Court,

11. The principal Act is amended by the repeal of section thirtY-five and the substitution therefor of the following aeotion:

35. 'Vhore this Act provides for an appeal from 0. decision of tho Registrar, such appeal shall be made to the High Court.

  1. The principal Act is amended by the repeal of sections thirty-six and thirty-seven.
  2. The principal Act is amended by the repeal of section thirty-eiuht and the substitution therefor of the following seotion:

38. The· Chief -Iustioe may. by statutory instrument, make rules regulating the practice and procedure relating to nppeals or references to the High Court or the Supreme Court. as the case may be. as to

(a) the time within which an~' requirement of the rules is to be complied with;

Registered [No. 16 of 1980 135 Designs (Amendment)

. -_._---._--------

(0)
tho costs and expenses of and incidental to any proceedings;
(c)
the foes to be charged in respect of such proceedings;
(d)
the summary determination of any appeal which appea.rs to tho High Court or the Supreme Court, as the case may be, to be frivolous or vexatious or to be brought fur tho purpuse of delay,
  1. Section tltirty-ninr. of the principal Act is amonned by Amendment the deletion of "Tribunal" and "Tribuna! or Court " and the of section 3!) substitution therefor of "High Court" and "High Court or Supremo Court", respectively.
  2. The principal Act is amended by tho repeal of section Repeal and forty and the substitution therefor of the following section: replacement

of section 40

40. When any matter to be decided by the Registrar References under this Act appears tu him to involve a point of law or to High to be of unusual importance or complexity, he may, aftor RCou~ttbY

.. . h. c I I H' h egis rar

grvmg notice to t e pnrtios, reror sue 1 matter to t 10 Ig
Court for a decision and shall thereafter, in relation to such
matter, act
in accordance with the decision of tho High
Court or any decision su bstituted therefor on appeal to
the Supreme Court.

16. Section forty-one of the principal Act is amended by the Amendment ofsection 41

deletion of the words" Tribunal or Court" wherever they occur

and the substitution therefor of "High Court or Supreme

Court".

17. The principal Act is amended by the repeal of section Repeal and forty-four and the substitution therefor of the following section: replacement

ofscction 44

44. (1) When a party to proceedings before the Regis-Security for . idt tid Z bithI), d costsand

t1'0.1' IS resr en OU Sl e ~u.m ia, e Rogistrar mayor er taxation of such party to give security, within such time as may be costs directed, for the costs of the proceedings,

(2)
If the party ordered to give security for costs fails
to do so within the time directed, the Registrar may treat
the proceedings a.s abandoned, .
(3)
Where a bond is to be given as security for costs, it
shall, unless the Registrar otherwise directs, be given to tho
party requiring the security,

18. Section forty-five of the principal Act is amended by the Amendment deletion of the word "Tribunal " wherever it occurs and the (If section 45 substitution therefor of "High Court".

136 No. 16 of 1980J lleuistcrccl DeMons (Arnell.<lment)

HOJlOal ond

roJ'llnoemen~ 01 1180~ion .0

AppKla to f!uprelDo

Court

Amendmont of lOo~iDn 110

Amendment of BOo~ion 118

ll.epoalor lootlon 00

19. 'I.'ho principal Aot is amondod by tho repeal of sootion forty-ria; and tho subatitublon thorofor of the following sootlon:

46. Any pa.rty to, any proceedings before the High Court may appeal in nocordnnoo with rules made under this Pa.rt from any order or doolsion of that oourt to tho Supreme Court.

  1. Section fifty of the prinoipal Aot is amended by tho deletion of " or the Tribunal ".
    1. Section fifty-three of the principul Aot is amended by tho deletion of subsection (2) and the substitution therefor of the following subaeotion:
    2. (2) No authontioation shall be required in respect of any document lodged ill the Designs Offioo undor the provisions of this Aot.
  2. 'rho principal Aot is amended by the repeal of sectlon

aia;t,l/.

 

Explore WIPO