REGISTERED DESIGNS CHAPTER 696 OF THE LAWS OF ZAMBIA
PRINTED AND PUBLISHED BY THE OOVERNniENT PRINTER
LUSAKA
I'A1:'1' I
I'll 1,:1.1 ~II NA uv
Sec:t-i,rJl/
I. Shol't title
~. 111 torpretatiou
PAlt'J' II
AllM.lNIH'I'ItA'I'ION
PART IIJ
l{,J~GIS'mABLg D]~SIGNS AND PltOOI'lJ~DINGS FOR l{,EGISTRATION
]O. Registration of same design in respect of other articles, etc.
11. Provisions for secrecy of certain designs
]2. Provisions as to confidential disclosure, etc.
13. Convention arrangements
PAHT IV
EFFEm' O:F I{,EGISTnA'I'lON, E'l'C.
PART V
USE OF REGISTERED DESIGNS FOR SERVICES OF THE STATE
Section
PART VI
ASSIGNl\iENTS. CORRECTIONS AND CANCELLATION
PART VII
FUNCTIONS OF REGISTRAR IN RELATION TO CERTAIN
EVIDENCE, DOCUMENTS AND POWERS
PART VIII
APPEALS AND LEGAL PROCEEDINGS
CAP. 69(,! Regi8te1'l~d I)(~S 1:111/ S
-------_. ----..•._----. --_._-
4-:1. Remedy for groundloHH thl'(IILtH or illl'l'ingonH1nt proo(\odingH
44. Nonlll'if;y for nOHtH and LI1XIL{;iol\ of nOHtH
41i. COHtH of' l{,ogiHtl'I1I'
41i. ApIH\ldH to High Court;
PAn,'I' IX
OFll'ICNCl~8 ANI> PICNAL'I'UI,H
47. Fulsiflcublon of entries in register 4H. Penalty for falsely representing a design as registered
PAR,]' X
MISCELLANEOUS
PART XI
ApPLICATION AND TRANSITIONAL PROVISIONS
~egistered l)esig~ [CAP. 696
REGISTERED DESIGNS
[1st December, 1958]
PART I
PRELIMINARY
" article" means any article of manufacture and includes any part of an article if that part is made and sold separately;
" artistic work" means a work of any of the following descriptions, that is to say:
" assignee" means
" Convention" means the Union Convention of Paris, dated the 20th March, 1883, for the Protection of Industrial Property, revised at Brussels on the 14th Decembel', 1900,at Washington on the 2nd June, 1911, at The Hague on the 6th November, 1925, and at London on the 2nd June, 1934, and any revision thereof to which the *former Federation of Rhodesia and Nyasaland or the former Proteotorate of Northern Rhodesia may have acceded or to which the tRepublic may accede in terms of section seven of the Patents Aot;
"convention country" means a country (including any colony, protectorate or territory subject to the authority or under the suzerainty of that country, or any
Federal Act 12 of 1958 Government Notic68 187 of 1964 497 of 1964 Statutory InBtrument 175 of 1965
Short title
Interpretation
Oap.692
• Aooeded with effeot from Ist April, 1958. (F.G.N. No. 39 of 1958.)t Acceded with effeot from 24th Ootober, 1964. (G.N. No. 1751 of 1960.)
CAP. 6961 Registcrf'.d Jh~8if!n,~
C"I" (III:!
Cap,48
Cap, 692
tm'l'it,OI''y over which It munduto 01' tl'uAtomdlip iA exercised) which has [WOIl doollll'ocl to bo (l 0011 vonbion country in terms of tho PlltlllltA Aot ;
" copyright. ", in relation to Il 1'(\~iHtlll'lld design, II/LH tho mouning ussigned to it by HII bsootion (I) of sootion [ourteen. :
" oorrespoudiug design ", ill rolutiou to all IlrtiHtio work, mouns IL design which, WIHlIl applied to nn n.rtiol«, roault» ill n reproduction of'thuf work;
" Court" or " High Court ", (LA tho (lIlAO may be, meuus tho High Court for Zambia;
" design " moans features of shape, configuration, puttern or ornament applied to an article by any industrial process or means, being features which in the finished urtiole appeal to and are judged solely by the eye, but, does not include a method 01' principle of construction or features of shape or configuration which 11.1'0 dictated solely by the function which the article to be made in that shape or configuration has to perform;
"Designs Office" means the Designs Office established under section three;
" legal practitioner " means It person admitted or otherwise entitled to practise aR a barrister and solicitor in terms of the Legal Practitioners Act;
" legal representative" means---
" Patent Journal" means the journal for which provision is made in section ninety-five of the Patents Act;
" proprietor " has the meaning assigned to it by section
eight;
" register " means the register of designs kept under the provisions of this Act;
"registered proprietor" means the person or persons for the time being entered in the register as the proprietor of the design;
" Registrar" means the Registrar of Designs appointed under sectionfour;
" set of articles " means a number of artioles of the same general character ordinarily on sale or intended to be used together, to each of whioh the same design, or the same design with modifioations or variations not suffioient to alter the character or substantially to affect the identity thereof, is applied;
" Tribunal" means the Patents Tribunal established under the Patents Aot.
(As amended by a.N. No. 187 of 1964 and S.I. No. 175 of 1965)
PART II
ADMINISTRATION
Cap. 692
Establish·
mentof
Designs
Office
Appoint.
ment of
officers
Seal.
Cap. 692,
Register of
designs
CAP. 6961
Designs registrablo under Aot
Proprietorship of designs
Regi8tCl'mi Desum«
(~) l'Iuhjllot. to tho provisious of' t.lliH Act, Lilli J'llgiHl,lll' of' dm~igllH Hlmll, nt, nil convenient. t.imos, 1)(\ oJlOl\ t,o inspoot.ion by t,hll public, ILIIlI certified C:OpillH, HCll1l11d witl: tho HllId of' L1111 Patent. Ofllo«, Ill' nllY outr)' in t.ho l'ogiHLClI' HIIILIJ ho giVlIll to IUIY porsou requirirn; thorn on 11IL'yll1c\IlL of' Lito prosortbod filiI.
(:1) ')'110 1'll/.!:iHt.OJ' of dosi~IlH HIIILIl ho 1JI'I>/na [uci« oviclolwn or I1l1y rnuttor« required or uuthoriaod by 01' undor thiH Ant Lo 110 ontorod thoroin.
(4) No notice or any trust, whether expressed, implied 01' oonatruouivo, shull ho ontorod in thll l'o/.!:iAtcw, and thll H.OgiHtJ'IU' iolllldl not hll Itfl<wtocl by uuy HIWh notico.
PAH,1' TIl
B,IGOlS'J'RAHLg DI'lSWNH AND PIWOIClaIHNGS IWIt R1CGIWJ'ltA'1'1ON
7. (1) Subject to tho following provisions of thiH sect.ion, It design may, upon application made by the person dairning to be the proprietor, his assignee or legal representative, be registered under this Act in respect of any artinlo or Hot of articles specified in tho application,
(As amended by a.N. No. 187 of 1964 and S.I. No. 175 of 19(5)
8. (1) Subject to the provisions of this section, the author of a design shall be treated for the purposes of this Aot as the proprietor of the design;
Provided that where the design is executed by the author for another person for valuable consideration, that other person shall be treated for the purposes of this Act as the proprietor.
(2) Where a design, or the right to apply a design to any article, becomes vested, whether by assignment, transmission or operation of law, in any person other than the original proprietor, either alone or jointly with the original proprietor, that
other person, or, as the case may be, the original proprietor and that other person, shall be treated for the purposes of this Act as the proprietor of the design or as the proprietor of the design in relation to that article.
9. (1) An application for the registration of a design shall be made in the prescribed form and shall be lodged at the Designs Officein the prescribed manner.
Provided that no proceedings shall be taken in respect of any infringement of copyright in that design committed before the date on which the certificate of registration thereof under this Act is issued.
(6) An appeal shall lie from any decision of the Registrar under subsection (3).
10. (1) Where the registered proprietor of a design registered in respect of any article makes an application
the application shall not be refused and the registration made on that application shall not be invalidated by reason only of the previous registration or publication of the registered design:
Provided that the period of copyright in a design registered by virtue of this section shall not extend beyond the expiration of the original and any extended period of copyright in the original registered design.
Proceedings for registration
RegistratioD of same design in respect of other artioles, etc.
CAP, (,W, I
---------------'-----------
p.l) Whoro I1l1y person mukos 1\.11 upplioatiou for' tho ,'ngiHtrn.tion of IL d(\Hi~n ill respoct. of' uny urtiol« aud oitho!'·
(fl,) tl\l1t dllHigll hILS heou provioualy registorod by unothor pOl'HOlI ill I'ORplICi. of HOIlW other urtiolo ; OJ'
(fJ) 1iho dOHign to which 1ihn uppliolLti01I J'O!ILtOH oOl1HiHtH of IL design pJ'OViOttHly l'UgiHtllwd by 1111Othm' P0J'HOlJ ill J'OHJlllot of' tho HILIIlO OJ' Homo other urtiolo with modifloutions or vuriationa not suflioient to ultor tho nhurnebor 01' HtthHtILntilLlly to uffeot thoidollt,i1iy thereof;
then, ifaf any time while tho upplicution iH pending tho upplioauf: bOOO!llOH tho registered proprietor of tho design previously !'llgistol'od, the provisions of subsection (1) shall apply ILH if at tlw tim« of' muking tho npplication tho npplioant had been tho rogistlwod proprietor of that design.
Provisions 11. (1) In thiH section, "competent authority" meILUH the
for secrecy
President or the Minister 01' Junior Minister, if any, to whom
of certain
designs the President may assign special responsibilities for defence matters.
(As amended by a.lV. No. 187 of 1964 and 8.1. No. ] 75 of ] 965)
1"'ltviHiOIUi
n.H t.1I
""llflcltlllf;il~1
cliHnlw<4urn, nl,n.
Convention arrangements
(,%1
12. (I) Ali Ilppliolltion 1'01' 1,110 1'lIgiKLmLioll 01' Il dOKigll xhn.ll not. 1111 1'lIfwIOd, uurl tho l'ogiKtl'lttioli of 1\ d(~Kigll shu.ll not 11(\ invu.lirlutor}, by l'OltKOII on lv 01'
(II) tilo disolosur« or Ul(~ dllKigll lIy Lilo pl'Op"ioLllI' 10 Illly ut.hor pot'KOII ill KIWil (:il'(:\lII1KLIlIIOOK 11K would 11I1l1\(' it. «nnt.nu'y Lo I!:0()(I fniLil lor l.Im1 oLilm' POI'KOII 10 11,\1' 01' pllbliHl1 tlw cIoKil!:ll;
(Ii) tlHl diH(:!OKtll'O of tho dOKigll iii bl'(\lwh of good I'llith by Illly P0J'HOII othm' thun t.ho prouriot.or of j,ho dOKi1!:1I ;
(r:) ill tho OI~KO of I\. 1l0W O!' 11l'igilliLi toxt.il« c1mligll illtolldod Ior 1'(lgiHtI'ltUOn, 1,110 n('(:(\ptIlIH'O 01' II. Ilrst. n.nr] «onfi dont.iu] ordor 1'01' gOOdK [Hllll'illg tlw dllKigll ; 01'
(d) tho 00III III lin iou.tion of t.ho dOKigll by tho proprioto:' thm'oof to Il OovOl'nm(\tlt dop.u-t.mout 01' to nllY plll'i'lon uuthoriaerl by tho Minister to consider the 11I0l'itH 01' tlw design, 01' of unything dono in (:onsoqllolwn of aueh It communication,
(~) Wlwl'o (,opyr'ight aubsiste ill all 1l,l'tiKtic work, und all n.ppliou.tion iK mudo by, 01' with tho consent of, the owner of that copyright. for the registmtion of Il corresponding design, that design shall 1I0t; be treated for tho purposes of this Act aK being other than new or original by reason only of any use previously ninde of the artistic work, unless->
(A8 amended. by (lN, No, 187 of 19ti4)
13, (I) Any person who qualifies under Article 2 or 3 of the Convention and who has applied for protection for any design in It convention country, or his legal representative or assignee (if suoh assignee is also so qualified), may make an application for registration of that design in priority to other applicants; and the registration shall have tho same date as the date of the application in the convention country or, where more than one such application for protection has been made, the date of the first such application:
Provided th!Lt
(As amended by a.N. No. 187 of 1964 and s.i. No. 175 of 1965)
})ART IV
EFFECT OF REGISTRATION, ETC.
14. (1) The registration of a design under this Aot shall give to the registered proprietor the copyright in the registered design, that is to say, the exclusive right in Zambia to make or import for sale or for use for the purposes of any trade or business, or to sell, hire or offer for sale or hire, any article in respect of which the design is registered, being an article to which the registered design or a design not substantially different from the registered design has been applied, and to make anything for enabling any such article to be made as aforesaid.
(2) Subject to the provisions of this Act, the registration of a design shall have the same effect against the State as it has against a subject.
(As amended by a.N. No. 187 of 1964 and S.I. No. 175 of 1965)
15. (1) Oopyright in a registered design shall, subject to the provisions of this Act, subsist for a period of five years from the date of registration.
(2) The Registrar shall extend the period of copyright for a second period of five years from the expiration of the original period and for a third period of five years from the expiration of the second period if an application for extension of the period
Right given
by
registra.tion
Period of copyright
CAP, 1I%1
gxolllpl,i'lIl
of innooout infriugor from linhility for
("~rnngofl
Compulsory lieenoe in respect. of registerorl design
of 1\IIP,Vl'igl1j, for tho KOCO)ICI 01' t.hird I'lIl'iod is Illlldl' ill j,hl' pJ'osPI'illlld f'01'1II before tho oxpit'l\,Uoli of l.he ol'igillu,1 I'l'l'iod 01' l.IIC' HOPOl1d porioc/, I1S tho (JllS' , limy h«, IIl1d if' till' PI'/'H/'I'ilu.d I'll(' iN pll.id hllflll'O t.ho IlXpil'a(-,ioll of' t.h« rolovnnt. !llll'iod or' wit.hin KIIl'Ii 1'1110(,1101' pm'iod (1101, OXI\oodillg l.ItI'0I1 1l1011l.ItH) ItH IIIII,\' ho Kjllllliliod ill II 1'/\{jIlOHt mud« 1.0 t.lu-J:,ogiKI,I'1\1' IIl1d /l.PPOIIlPlllli"d hy l.lto pt'/IHI11,jhod IIddit.inuu l f'{1(',
(:1) \VItOl'(J ill (,IIII (lItSII of' 1\ ,'ogisLol'lId dllHi"';ll it. iH KhO\\'1I
(0) L1t1t1, tillll dOHi"';lI, lit Lito t.im« when it. wus 1'lIgiHj,OI'l'd, Will' II /IOI'1'OHPO)l<lillg dllHigll ill l'<IllLLjoll 1.0 11,11 Itt'LiHf ie \1'01'1, ill wh ich IIOP,\' I'ight, i'lllhHii'lLod under l.lw wri l.1,1\1I luw I'<llllLillg 1.0 (Iopyl'ight,;
(Ii) t.hut., hy t'l1l1KOII Of'1I Pl'<lVillllK IIKO of' LllILI, lLl,t.iH(;i<: \VOI'I\, thll dOHigll would 1101. hu.v« \ll'OII I'o~ii'll,mhln uurlor Ll1iH Aot ItIiL In( �' HldlHO(\l.ioll (2) of' HOI'I.ioll Iwd'IJ/'.; Ililli
(II) that. tho (Jopy)'ig!lj, in thaj, work II II dill' tho WI'iU,OIl luw rolutiru; to nopYl'ight oxpirorl holuro tlw lbLto of ox pirv of tho oopyl'igl1t ill Llw dosign ;
tho llopyl'ight ill t.ho dOHif2:1l shall, notwithstuudiug anything ill thiH Heetion, ho doomed to huve expired at tho same time H.H t.ho eopyl'ight in tho 1L1'tiAtje work, anrl shn.ll 1101, be renewublo lI,f'tlll' that t.im«.
(A8 amended liil U,N, No, I H7 of I !Hi.j.)
16. (I) In proceodings for tho infringement of (lopyt'ight in II registered dOAign, damages sludl not be awarded agaillHt /I dofondunt who jll'OVOS that at tho date of the infl'ingol1wllt Iro was Hot II,Wn)'O, and had no ]'Of1HOnl1ble ground for supposiug. thut. t.he dosign was registored ; and a person shall not bo deemed to IllWO boon aWl11'O or to have had reasonublo ground for supposiug I1H utoresaid b:V reason only of the marking of lUI ll.l'tielo with tho word " regiatorod " 01' any abbreviation thereof, or any word or words expressing 01' implying that the design applied to the urt.iel« has been regieterod, unless the number of the design accompanied the word or words or tho abbreviation in q uostion.
(2) Nothing in this section shall a~root the power of the G\'l't:rrt to gl'l1l1t all injunction 01' interdict in 11ny proceedings for infringement, of copyright in n, registered design,
17. (1) At any time after a dosign lU1A been registered, any person interested may apply to the Registrar for tho grant of a compulsory licence in respect of the design on tho ground that the design is not applied in Zambia, by any industrial process or means to the article in respect of which it is registered to such I1n extent aA is reasonable in the circumstances of tho case; and the Rogistrur may make such order on the application as he thinks fit,
(As amended by a.N. No. 187 of 1964)
PART V
.uSE OF REGIS1'ERED DESIGNS l?OR SERVICES OF THE STATE
18. (1) Notwithstanding anything in this Act, any Government department or any person authorised in writing by the Minister may use any registered design for the services of the State in accordance with the provisions of this section.
Use of registered designs for services of the State
Itif.(hLH of third purl,ieH in "I'MllllOl, of
St,llt,fl UHO
II IIHI' or tllo dl\Hign 1'01' tho HIII'V;I'O'> or t,11I\ SLltLl', u.ud 1,110 pownl' 01' II UOVlII'III111ml, dOpl1l'tll1<l1l1, 01' II I)(\I'HIIII 111lt.llol'iHOd II,\' t.lll' :\1 illiHt.OI ' unrlor tlli,: seotion t.o IIHO II c1n'l;gll Kllall iuclud« pOWlIl'
(II) 1.0 Hldl HIII'II art.icle» 1.11 clio ,!!:OVIII'lllllllIlL or llll,\' I\OlllILI',\' ill pursuuncc of' allY HIII'II 1l~I'III\III"11C 01' 1II'I'IlligoIlll\IIC 11'; IIl'ol'l~Haid: alit!
(h) Co soll Co Itlly IH\I'HOll I1l1y :Il'lildo'l nuul» in t.llo OXOI'(\iHI' or 1.111' POWOI'H ml1l'm'l'l\d lIy t.his HI\oLioli which 111'0 1111 10llgol' roquirod 1'01' Lltl' I'llI'POHlI 1'01' which tllllY wor« uuul«.
(7) 'I'h« lllll'oIl/le'lI\1' or Itlly IlI'Litdo:'l Hold ill 1;110 oxorcis« or POWllI'H eonforrod hy t.hiK !-lOotiOIl, nud lillY POI'HO\l oluiminu; t;llI'ollgh him, HIIlIII I\H.VO pDWOl' t.o dlml wi Lh thorn ill tim H11lllO 1I11LIllWI' ItH if' tho l'ightH in tho \'ogiRtOJ'Od d,OHigll WOI'O hold 011 hehalI'of' tho Ht.ato.
(.'18 amesuled. iJ!J U,N, No, IH7 qj' I!Hi4 and 81. N o, )7Jj q( I!lHli)
19. (I) III thiH soctiou, " exclusive licence " means a Iieouco from II rogiRI;ered proprietor which confers on tho liconseo or O!1 tho licensoo and persons uuthorisod hy him, to tho exclusion of 1111 other porsons (including the registered proprietor), any right in respect of tho registered design,
the provisions of any liconce, ussignment or agreement made, whether before or after the com mencoment of this Act, between the registered proprietor or applicant for registration or any person who derives title from him or from whom he derives title and any person other than a Government department, shall be of no effect so far as those provisions restrict or regulate the use of the design, or any model, document or information relating thereto, or provide for the making of payments in respect of any such use, or calculated by reference thereto; and the reproduction or publication of any model or document in connection with the said use shall not be deemed to be an infringement of any copyright subsisting in the model or
document,
Registered Designs [CAP. 696
subsection (3) of section eighteen shall have effect as if
for the reference to the registered proprietor there
were substituted a reference to the licensee; and
and if, at any time before the amount of any such payment has been agreed upon between the Government department and the registered proprietor, that person gives notice in writing of
II:! GAP, (1%1 /1"(/181"/'1'11 /)1'8/(/1/8
--_.-.-. __._---
Hpunlnl
PrlIViHIOIlH lUI
1.1' Htiu,f,n l1Hn
dUl'iuR
(~lnfll·f.(C'tlny
HofOI'OIlCll of disputes as
t,," Rt,ato use
hiH illt,IlI'Oi'lt t;o tho depu.rtrnont. nllY Ilgl'oollll~llt IlH to till' IlillOlIlll of' Umt, Jlll,Ylllollt xhn.ll II(: of' IHI 011'01:1. 1I1110HH it is 11111111' wit.l: hi~; I:OIlHOllt,
(./8 (fll/I'III/I'r! Ii/! 8./, ».; Ii,. I~r I !lli.'i)
20, (I) III thiH i'lIH:tioll, .. pnl,jod of (11I10/'gIlIH:." " IIH~III1H 1l11,\' I'lll'iod llllgillllill/.!; Oil suuh dab' Ill"i limy b(~ dOldnl'oll hy LluMiltil'!tol' II)' HLIl.LIILol'\' lIotinll to lin tilt' IIOIIlIllOIlOOIlH'lIt' n.nrl olldillg Oil ~1I11h dato n~ IIIH,\' hI' HO dOl,IIlI'!,,1 Lo hI' Llll' torruiuut.iou, Of'1I IHlI'iod of' Ollll\1')2;0IlI:.".
(2) DlIl'illg allY ptll,jod of' (Illl('I'gllll(:." tho POWlll'H oxol'llil'!/l.hh , ill rolution to a dOHig/l hy a (lOVOI'1I1ll0Ilt dOPlLl'tlllollt, 01' II !HlI'l'!OIl IL\l1ihol'iMod b." t.h« ~lilli'lt,Ol' II II rlor >!Ol:t;ioll eir,hllll1n, MIl/til include IH)WOI' to liMO tho c1o"i,!.!;11 [or lLIIY PIII'P0:-\P which ILJlJlonl'" to tho M.iniHtll!' IHHIOHHltl',Y 01' expedient.
(II) for tho ollicionf prosecution of /lilY war ill whieh Llll' Republic may ho nngagd: (Ii) 1'01' the mnintonauoo of supplies, aud SOI'ViC:OH OHHolltilL1 to tho lifo of t,110 oomrnunity ; (Il) for securing 11 sufficiency of supplios and sorvico« ossontial to tho well-being of tho community:
(Il) for promoting tho produetivity 01' indusbry, conuuoree and ugriculture:
(e) for fostering and directing exports and reducing imports or imports of any nlf1SS0S, from all or any countries and for rerlresaiug tho balanoo of trade;
en generally for ensuring tlll1t the whole reaouroes of the community are avuilablo for use, and are used, in 11 manner best ealeulated to serve tho interests of the oommunity: OJ'
(a) for assisting the relief of suffering and the restoration and dlstribution of essential supplies and servioes in any part of Her Britannic Majesty's dominions or any foreign countries that are in grave distress as the result of war;
and any reference in this Part to the services of the State shall be construed as ineluding a reference to the purposes aforesaid.
(As amended by o.s. No, 187 of 1964 and 8.1, No, 175 of 1965)
21. (1) Any dispute as to->
eighteen;
may be referred to the 'I:PHJ'Iin&l by any party to the dispute in such manner as may be prescribed.
(As amended by S.l. No. 175 of 1965)
PART VI
ASSIGNMENTS. OORRECTIONS AND OANCELLATION
22. (1) Where any person becomes entitled by assignment, transmission or operation of law to a registered design or to a share in a registered design, or becomes entitled as mortgagee, licensee or otherwise to any other interest in a registered design, he may apply to the Registrar in the prescribed manner for the registration of his title as proprietor or co-proprietor or, as the case may be, of notice of his interest, in the register.
(2) Without prejudice to the provisions of subsection (1), an application for the registration of the title of any person becoming entitled by assignment to a registered design or a share in a registered design, or becoming entitled by virtue of a mortgage, licence or other instrument to any other interest in a registered design, may be made in the prescribed manner by the assignor, mortgagor, licensor or other party to that instrument, as the case may be.
Registra.tion of a.ssignments, etc.
Power of Registrar to authorise correotions
Reotifioation of register
(:1) WhtlJ'{\ npplicution if! rnudo under thif! sootiou for L1Hl ro~iHtl'lLtion of tiUo of any pOl'HOn, UHl Ho~iHtr.'ILl' shn.ll, upon proof of tiUo to hiH Hl1tiHfl1ohio1l
(As amended by G.N. No. 187 of 1964)
23. (1) The Registrar may authorise the correction of any clerical error or omission or error in translation in any application for the registration or in the representation of a design, or any error in the register.
24. (1) The ~pi.bliRaJ.-may, on the application of any person aggrieved, order the register to be rectified by the making of any entry therein or the variation or deletion of any entry therein.
Registered Designs [CAP. 696 21
25. (1) The Registrar may, upon a request made in the prescribed manner by the registered proprietor, cancel the registration of a design.
or on any other ground on which the Registrar could have refused to register the design; and the Registrar may make such order on the application as he thinks fit.
(3) An appeal shall lie from any order of the Registrar under
subsection (2). (As amended by G.N. No. 187 of 1964)
PART VII
FUNCTIONS OF REGISTRAR IN RELATION TO OERTAIN
EVIDENCE, DOCUMENTS AND POWERS
26. (1) A certificate purporting to be signed by the Registrar and certifying that any entry which he is authorised by or under this Act to make has or has not been made, or that any other thing which he is so authorised to do has or has not been done, shall be prima facie evidence of the matters so certified.
Canoella.tion of registration
Evidenoe of certain entries and doouments
IIlHpootioll of rogietorod <toHif,(IlH
(2) A (l0Jl)' of lLny ontry ill tho rogiRtoJ' OJ' of ILlly !'Ojll'ORlllll,lltiou, RPI\(lilllOIl 01' dOOUI1l(llJ1, IW)l1, in th« ] )oRignH OI!iOll OJ' uu llXtJ'IW1, from tho J'ogiRtOJ' 01' ILIlY AlIOh dooumont., )lmportillg to Iw lllll'1,ifioc! by l,ho !(,ogiAli!'ItJ' und to !to ROIdod with tho ROId or tho Putout Oflioe, shu]l lw ILdlllitto<! hi ovidonoo without furf.her proof and without production of tho originul.
27. (1) Nil hjoot, to tho jI!'OViAjOIlH of this section aud to ILIlY rogulution made by tho Miniator ill pursuunoe of subaoetiou (a) of section eleoen, tho representation OJ' specimen of IL dOHign regiHtol'Cld undo!' thiH Ant HIII111 bo open to inspection ILl. tho Designs Offlco all und nftor tho day on whioh tho eortifioato of I'ogistration is isaued.
(2) III the (lILHO of a dosign I'llgiHtm'(1d in respoot of ILIl urtiolo of any class prosoribed for tho purposes of this subsection, no representution or specimen of tho design lodged in pursUlLnco of tho application shall, until the expiration of such period after the day on which the certificate of registration is iHAlIOd aA may be prescribed in relation to articles of that claas, be open to inspection at the Designs Office except by the registered proprietor, a person authorised in writing by the registered proprietor, 01' a person authorised by the Registrar, the ~-H:flr1-el~i1~]1t·.:
Provided that where the Registrar proposes to refuse an application for the registration of any other design on the ground that it is the same as the first-mentioned design or differs from that design only in immaterial details or in features whioh are variants commonly used in the trade, the applicant shall be entitled to inspect the representation or specimen of the first-mentioned design lodged in pursuanoe of the application for registration of that design.
Information 28. On the request of any person furnishing such informa
8S to
tion as may enable the Registrar to identify the design and on
existence of
oopyright payment of the prescribed fee, the Registrar shall inform him
----------=
whether the design is registered, and, if so, in respect of what articles, and whether any extension of the period of copyright in relation to that design has been granted and shall state the date of registration and the name and address of the registered proprietor.
(2) The powers, rights and privileges of the Registrar in proceedings before him under this Act shall be the same as those conferred upon commissioners by the Inquiries Act and the provisions of that Act shall, mutatis mutandis, apply in relation to the hearing and determination of any matter before the Registrar under this Act and to any person summoned to give evidence or giving evidence before him.
(As amended by G.N. No. 187 of 1964)
Certifica.te of registration
Copies of oertificates of registration
Exercise of discretiona.ry powers of Registrar
Proceedings
before Registrar
Cap 181
Power of Registrar to
award oosts
Power of Registrar to fix time and place of sitting, etc.
1'1\ I:T VII I
I'I~L,,"LH
'1'1'11 lIlIlILl Lo hour 1L1'1"lldH
Right of audience
Asaesaors
35, (I) WIHlI'(\ LhiH Ad. pJ'ov icioH fi)1' IlI1 Il,ppllld f'1'01II u dooiHioll of't11O ItngiHtral', xuoh Il)lJloILi ahull ho nuul« to Lilo 'I'ribuuul.
((1,) confirm, set aside or vary tho order or decision in question;
(As amended by a,N. No. 187 of 1964)
36. In any proceedings before the Tribunal under this Act, the parties to such proceedings may appear in person, or be represented and appear by any legal practitioner, and in any case where the Tribunal deems fit, it may grant to the Registrar leave to intervene and he may thereafter appear or be so represented.
(As amended by a.N, No. 187 of 1964)
-m-e(')\U't may allow upon application by the appellant concerned.
(As amended by G.N. No. 187 of 1964)
42. Any action or legal proceeding relating to the infringement of copyright in a registered design shall be brought in the High Court.
(As amended by G.N. No. 187 of 1964)
43. (1) Where any person (whether entitled to or interested in a registered design or an application for registration of a design or not) by circulars, advertisements or otherwise threatens any other person with proceedings for infringement of the copyright in a registered design, any person aggrieved thereby may bring an action against him in the High Court for any such relief as is mentioned in subsection (2).
Rules
Time for
appeals
Referenoes to Tribunal :>y Registrar
Certifioation
of validity
Infringement
. ~~~~; i~o be High Court
Remedy for
groundless
threats of
infringement
prooeedings
Hlll!lll'ity 1'01'
cost!! unci
taxation of
oosts
Costs of Registrar
(:.!) LJllloMH ill !LIIy action hroughf. by virt.u« of' tbiM MootilJlI Lho dOj'Olld,Lllt 11l'ovnH that the ads ill "OHIH\ol, 01' whioh 111'O(loodillgM worn 1.hl'oIL1'0110d constitute or, iI' donu, would OOlIMl.itIl1iO, ILII iufrinjromont, of the copyright ill II l'ogiHLorlld dOHigll, tho J'ngiMtrution of' which iH not shown by t.bo pluiut.if]'to 1m invnlid, t.ho plnintifl' xhul] bo entitled to tho j'o\lowillg roliof', tll/Lt, iH to MILY:
(n) 11 doolurution to tho ofI'od thlLt tho throut« 111'n 1111justifiuhlo ;
(Ii) 111l injunction or' intorrliet I1g/dnML tho oontinuanoo of tho LhI'llLLtH; I1IH!
(I:) aueh d111ll11g0H, if' lLIlY, I1H ho 11/1H HUHtil1illCltI thereby.
(:1) For tho avoidunoo of' doubt, it is hereby declared t11l11; 11 mere notification thu,t 11 design is registered dOOR not oonstitiuro u throat of pmoeedings within the moaning of this sootion.
(4) Tho defendant in I1ny such action as uforesaid may apply, by way of counter-claim in the action, for any roliof to which he would be entitled in a separate action in respect of any infringement by the plaintiff of the design to which tho threats relate,
(As amended by G,N, No, 187 of 1964)
44. (1) When a party to proceedings before the Registrar or the Tribunal or an appellant is resident outside Zambia, the Registrar or the Tribunal may order such party or appellant to give security, within such time as may be directed, for the costs of the proceedings or appeal.
(As amended by o.s. No. 187 of 1964)
PART IX
OFFENCES AND PENALTIES
shall be guilty of an offence and liable to a fine of one hundred kwacha or, in default of payment, to imprisonment for a period not exceeding six months, or to both such fine and such imprisonment.
(2) For the purpose of this section, a person who sells an article on which he has, or has caused to have, stamped, engraved or impressed or to which he has, or has caused to have,
Appeals to
High Court
Falsification of entries in register
Penalty for falsely representing a design as registered
IJl1(~ni VIU~~ 01'
illthWIIl\ill/o( Lil" ft"J,tiHt,I'IlI'
or au oUioor
Witness giving false ovidonoo
Penalties
Reeognit.ion of agents
Lodging and authentication of documents
otiJllllwitm lLpplioel the worel " ,'ol-(iHt.m'od ", 0/' nll'y OUIOI' word tlXjll'l\HHillg 01' im plying thn.t thn dOHigll iH )'UgiHti{ll'(\(I, HIllLlI 110 doclllwd t,o roproscnt that tl)(~ dnHigll npplioc! tiO t1w lu'{;jnll' iN rogiH{;l\I'Oc! ill ,'mq)(\e{; of tluu. III'Lildt',
49. (I) AllY !llH'HOII who
(II) 1'01' tlH: purpoNP or c!o(~nivillg l.h« l~ogiHt)'lLJ' OJ' allY oUwJ' oflioer of the I )PHigIIH ()flil~p ill tho uxnoution of' l,ho provision» of this Ad: (II'
(Ii) 1'01' tho pllJ'pOHO of p,'cll:lIJ'illl!: OJ' iulluoucing tho doiug OJ' ollliHHicllI of nuytllillg ill rolutiou to thiH Aof. OJ' uny other mutter thorouudor ;
mukoa 01' submit« 11 flLlHO Hlilltmllnll{; OJ' rcprescutatiou, whether orally OJ' ill writing, knowius; {',hp sumo to he fulae, shn.ll hp guilty of all offence.
(2) Any porHOII who, huv illg innocently made 11 false Hlil1tomont or roprosentution, whether orally or in writing, for the purpose of procuring 01' influencing the doing or omission of anything in relation to this Act or any mutter thereunder and who on becoming I1Wl11'e that such statement. or represontation wus false fuils to advise the Registrar forthwith of such falsity, shull bo guilty of an offence.
PART X
MISCELLANEOUS
(2) No authentication shall be required in respect of any document lodged in the Designs Office under the provisions of this Act or used in proceedings before the Tribunal.
54. (1) Where under the provisions of this Act
55. Any person who is required under the provisions of this Act to take any oath or swear to the truth of any affidavit may, in lieu thereof, make an affirmation or declaration in accordance with the written law relating to affirmations or declarations.
(As amended by G.N. No. 187 of 1964)
56. The Minister may direct the publication by the Registrar in the Patent Journal of any reports of cases on designs and other relevant matters as the Minister may deem
fit.
57. (1) Nothing in this Act shall be construed as authorising or requiring the Registrar to register a design the use of which would, in his opinion, be contrary to law or morality.
(2) Nothing in this Act shall affect the right of the Government or of any person deriving title directly or indirectly from the Government to sell or use articles forfeited to the President under the provisions of any written law.
(As amended by G.N. No. 187 of 1964 and S.l. No. 175 of 1965)
58. (1) The Minister may, by statutory instrument, make regulations prescribing anything which under this Act is to be prescribed and generally for the better carrying out of the objects and purposes of this Act or to give force or effect to its provisions or for its better administration.
(2) Without derogation from the generality of the provisions of subsection (1), regulations made by the Minister may provide for-
Provisions as to fees
Oaths and affirmations
Journal
Savings
Regulations
:10
/t(~yi8tr:/'()d I hwiYl/.8
..------_.-. ---
Application of Act and transitional provisions
Savings
1.0 ho H(\J'vod hi oounoot.ion with proceedings under this Ad;
(<I) tho oonduot of tho hUHillOHH or tho J)OHigIlH omen;
(c) uuthotiaing tho publication and tho salo of oopioH of I'OprOHent;ILtiOIlH or desigllH und other documonts in tho Designs Office,
(3) The Minister may proscribe IL tariff of the fees which shall be puyuble in respect of uny upplicution, registration or other matter under this Act and the fees shall be payable as so prescribed,
PAJ1'r Xl
ApPLICATION ANIl 1'ltANSI~~IONAL PROVISIONS
59. Any design which immediately before the commencement of this Act was registered in the United Kingdom under any enactment relating to registered designs and was protected in the former Protectorate of Northern Rhodesia under the United Kingdom Designs (Protection) Act, Chapter 206 of the 1948 Edition of the Laws, shall be deemed to be registered under this Act and the copyright in that design shall subsist in Zambia while copyright therein subsists in the United Kingdom.
(As amended by a.N. No, 187 of 1964 and S.l. No. 175 of 1965)
60. Anything made, done, or commenced under this Act which immediately before the Ist January, 1964, was of, or was capable of acquiring, force or effect shall continue to have or to acquire force or effect, as the case may be, and shall, on and after that date, be deemed to have been made, done or commenced, as the case may be, under this Act as modified and
.adapted by Government Notice No. 187 of 1964.
(G.N. No. 187 of 1964)