关于知识产权 知识产权培训 树立尊重知识产权的风尚 知识产权外联 部门知识产权 知识产权和热点议题 特定领域知识产权 专利和技术信息 商标信息 工业品外观设计信息 地理标志信息 植物品种信息(UPOV) 知识产权法律、条约和判决 知识产权资源 知识产权报告 专利保护 商标保护 工业品外观设计保护 地理标志保护 植物品种保护(UPOV) 知识产权争议解决 知识产权局业务解决方案 知识产权服务缴费 谈判与决策 发展合作 创新支持 公私伙伴关系 人工智能工具和服务 组织简介 与产权组织合作 问责制 专利 商标 工业品外观设计 地理标志 版权 商业秘密 WIPO学院 讲习班和研讨会 知识产权执法 WIPO ALERT 宣传 世界知识产权日 WIPO杂志 案例研究和成功故事 知识产权新闻 产权组织奖 企业 高校 土著人民 司法机构 遗传资源、传统知识和传统文化表现形式 经济学 金融 无形资产 性别平等 全球卫生 气候变化 竞争政策 可持续发展目标 前沿技术 移动应用 体育 旅游 PATENTSCOPE 专利分析 国际专利分类 ARDI - 研究促进创新 ASPI - 专业化专利信息 全球品牌数据库 马德里监视器 Article 6ter Express数据库 尼斯分类 维也纳分类 全球外观设计数据库 国际外观设计公报 Hague Express数据库 洛迦诺分类 Lisbon Express数据库 全球品牌数据库地理标志信息 PLUTO植物品种数据库 GENIE数据库 产权组织管理的条约 WIPO Lex - 知识产权法律、条约和判决 产权组织标准 知识产权统计 WIPO Pearl(术语) 产权组织出版物 国家知识产权概况 产权组织知识中心 产权组织技术趋势 全球创新指数 世界知识产权报告 PCT - 国际专利体系 ePCT 布达佩斯 - 国际微生物保藏体系 马德里 - 国际商标体系 eMadrid 第六条之三(徽章、旗帜、国徽) 海牙 - 国际外观设计体系 eHague 里斯本 - 国际地理标志体系 eLisbon UPOV PRISMA UPOV e-PVP Administration UPOV e-PVP DUS Exchange 调解 仲裁 专家裁决 域名争议 检索和审查集中式接入(CASE) 数字查询服务(DAS) WIPO Pay 产权组织往来账户 产权组织各大会 常设委员会 会议日历 WIPO Webcast 产权组织正式文件 发展议程 技术援助 知识产权培训机构 COVID-19支持 国家知识产权战略 政策和立法咨询 合作枢纽 技术与创新支持中心(TISC) 技术转移 发明人援助计划(IAP) WIPO GREEN 产权组织的PAT-INFORMED 无障碍图书联合会 产权组织服务创作者 WIPO Translate 语音转文字 分类助手 成员国 观察员 总干事 部门活动 驻外办事处 职位空缺 采购 成果和预算 财务报告 监督
Arabic English Spanish French Russian Chinese
法律 条约 判决 按管辖区浏览

名称、制服和徽章保护法(第540章,最新修订至1959年第19号法), 赞比亚

返回
被取代文本  转至WIPO Lex中的最新版本
详情 详情 版本年份 1959 日期 生效: 1958年1月1日 文本类型 知识产权相关法 主题 商标, 其他

可用资料

主要文本 相关文本
主要文本 主要文本 英语 The Protection of Names, Uniforms and Badges Act (Chapter 540, as amended up to Act No. 19 of 1959)        

CAP. 540

REPUBLIC OF ZAMBIA

PROTECTION OF NAMES, UNIFORMS
AND BADGES

CHAPTER 540 OF THE LAWS OF ZAMBIA

PRINTED AND PUBLISHED BY THE GOVJIIRNHENT PRINTER

Lus.Uu.

CAP. 540] Protection of Names, Uniforms and Badges

CHAPTER 540

THE PROTECTION OF NAMES,
UNIFORMS AND BADGES ACT

ARRANGEMENT OF SECTIONS

Section

I. Short title

  1. Interpretation
  2. Colours Control Board
  3. Keeping of register
  4. Application for registration of names, etc.
  5. Form and particulars of application
  6. Publication of notice of application and lodging of objections

R. Grant or refusal of application

  1. Publication of registration
  2. Issue of certificates of registration

II. Use of registered name, etc.

  1. Amendment and cancellation of certificate of registration
  2. Authority to sell or buy registered uniform and badges
  3. Offences and penalties
  4. Evidence
  5. Prescribed fees
  6. Savings

Protection of Names, Uniforms and Badges [CAP. 540

CHAPTER 540

PROTECTION OF NAMES, UNIFORMS AND BADGES

An Act to provide for the registration of names, designations, uniforms and badges; and to provide for matters connected therewith.

[1st January, IH58]

  1. This Act may be cited as the Protection of Names, Uniforms and Badges Act.
  2. In this Act, unless the context otherwise requires

" association" means any association, club, board, group or body formed within Zambia for the promotion of sport or for any other purpose, not of a political or religious character;

" badge" means any token, design, crest, armorial bearings, insignia or emblem produced by printing, painting, embroidering, weaving, sewing, modelling, casting, embossing, engraving, staining or any other means whatsoever, whether manual, mechanicalor chemical, separate or combined, which can be applied to any article for the pattern, shape, configuration or ornamentation thereof or for any two or more such purposes; but does not include a design for sculpture;

"the Board" means the Colours Control Board appointed by the Minister for the purpose of authorising the use of any uniform or badge on behalf of any association or institution;

" institution" means an institution formed or created within Zambia for the promotion of education, and includes any university, college, training college, normal college, technical college, school or any union or society of the present or past students or scholars of any such institution;

"licensed trader" means a person licensed to trade in accordance with the provisions of the Trades Licensing Act;

" register" means the register referred to in section

four;

" registered" means registered in accordance with the provisions of section eight:

38 oj 1957 19 of 1959 Government Notice 497 oj 1964

Short title

Interpretation

Cap. 707

4

CAP. 540] Protection of Names, Uniforms and Badges

Colours Control

Board

Keeping ofI register

Application for registration of names. etc.

I 1

I

Form and particulars of application

" uniform" means any article or articles of wearing apparel, including a tie other than a tie of which the design consists solely of an arrangement of stripes, being distinctive in design and colour, intended to be used by members of an association or institution or to be used by such persons as may be authorised by an association, institution or colours control board;

" use", in relation to a uniform or badge, includes

"wear ".

(As amended by No. 19 of 1959)

  1. The Minister may, by Gazette notice, appoint such persons as he may deem fit to be the Colours Control Board for the purposes of this Act.
  2. The Board shall, for the purposes of this Act, cause a register to be kept wherein shall be entered the particulars referred to in subsection (4) of section eight as well as particulars of any amendment or deletion of any entry made under this Act.
    1. Any association or institution may make application to the Board for the registration of
      1. the name of the association or institution;
      2. any special name or designation used by the association or institution for the members thereof or for the members of any organisation constituted by the association or institution in pursuance of its rules and regulations;
      3. any uniform, with or without a badge, used by such association or institution or authorised by such association or institution to be used by any person; or
      4. any badge, with or without a uniform, used by such association or institution or authorised by such association or institution to be used by any person.
  3. An application made in terms of section ji've shall be made in such manner and contain such information as the Board, subject to the special or general directions of the Minister, may by rule prescribe and more particularly shall contain an exact and precise description of the name, special name, designation, uniform or badge sought to be registered, together with an exact and detailed pictorial representation of the uniform or badge both in respect to form and colour so as clearly to indicate the precise extent and limits of the protection applied for.

Protection of Names, Uniforms and Badges [CAP. 540

7. (1) Before an association or institution makes application in terms of section five, it shall at its own expense cause notice of the application to be published in the Gazette and in two newspapers circulating in Zambia.

(2)
Such notice shall
(a)
describe in sufficient detail the particulars to be contained in the application; and
(b)
call upon any person affected or likely to be affected by the grant of the application to lodge in writing with the Board any objection thereto within three months of the date of the publication of such notice in the Gazette.

8. (1) After considering any objections lodged in terms of section seven, and subject to the provisions of subsection (2), the Board shall grant or refuse any application.

(2)
The Board may refuse an application
(a)
if the name, uniform or badge so closely resembles a name, uniform or badge registered in terms of this Act as might lead to the belief that the name, uniform or badge which is the subject of the application is the name, uniform or badge so registered;
(b)
if the uniform is not distinctive in design and colour;
(c)
if the uniform or badge incorporates in whole or in part any design which has been and remains registered under the provisions of any written law relating to the registration of trade marks unless the owner of such registered design has consented in writing to the registration thereof; or
(d)
if for any other good and sufficient reason it considers the application should be refused.
(3)
Any person who is aggrieved by a decision of the Board to grant or refuse any application may, within thirty days of such decision, appeal against that decision to the Minister. On such appeal the Minister shall confirm the decision of the Board or shall give such decision as in his opinion the Board ought to have given, and the decision of the Minister shall for the purposes of this Act be deemed to be the decision of the Board.
(4)
If the application is granted the Board shall, upon payment of the prescribed fees, cause to be entered in the register
(a)
the name and address of the applicant association or institution;
(b)
any special name or designation referred to in paragraph (b) of section five;
(c)
an exact and precise description of the uniform or badge and a pictorial representation thereof.

Publication of notice of application and lodging of objections

Grant or refusal of application

CAP. 540] Protection of Names, Uniforms and Badges

Publication of registration

Issue of certificates of registration

Use of registered name, etc.

Amendment and cancellation of certificate of registration

Authority to sell or buy registered uniform and badges

  1. The Board shall cause a notice to be published in the Gazette of every registration made under subsection (4) of section eight and of every amendment or cancellation of any such registration.
  2. The Board shall issue to the association or institution whose application has been granted by it a certificate of registration in such form as it thinks fit.
  3. Subject to the provisions of section seventeen, an association or institution which possesses a valid certificate of registration under this Act shall be entitled to the sole and exclusive right to use or authorise the use of the name, special name, designation, uniform or badge in respect of which such certificate was issued.
  4. (1) The Board may at any time cause a notice to be served on any association or institution calling upon it to show cause, on or before a date specified in such notice, why any certificate of registration issued to it under this Act should not be amended or cancelled.
(2)
The Board may, after the said date and after considering any representation made to it by such association or institution, order it to deliver to it its certificate of registration for amendment or cancellation, as the case may be, and may cause any entry in the register to be altered accordingly.
(3)
Upon receiving any order made under subsection (2), such association or institution shall deliver to the Board its certificate of registration for amendment or cancellation, as the case may be, and upon receiving such certificate the Board may amend or cancel it, as the case may be.
(4)
Any association or institution which is aggrieved by a decision of the Board to amend or cancel a certificate of registration issued to it under this Act may, within thirty days of such decision, appeal against that decision to the Minister. On such appeal the Minister shall confirm the decision of the Board or shall give such decision as in his opinion the Board ought to have given.

13. (1) No person shall sell or give to any person any registered uniform or badge unless he holds written authorisation so to do signed by or on behalf of the association or institution in whose name the said uniform or badgeis registered.

(2) No person authorised in terms of subsection (1) shall sell any registered uniform or badge to any person unless such person has produced to him before or at the time of such sale a certificate signed by or on behalf of the association or institution in whose name such uniform or badge is registered, stating that he is a person authorised to buy or use such uniform or badge.

Protection of N ames, Uniforms and Badges [CAP. 540

(3) Any person failing to comply with the provisions of this section shall be guilty of an offence.

  1. Any person who is convicted of an offence under this Act shall be liable to a fine not exceeding ten kwacha.
  2. In any proceedings under this Act
(a)
a certificate issued in terms of section ten shall on its mere production be admissible as prima facie evidence of the facts stated therein;
(b)
an affidavit purporting to be made by the chairman, secretary, headmaster or other person duly authorised by an association or institution in which it is stated that any specified person is not authorised to use, buy, sell or otherwise acquire or dispose of any name, special name, designation, uniform or badge registered by such association or institution shall on its mere production be admissible as prima facie evidence of the facts stated therein.
  1. For the purpose of defraying the administrative expenses of the Board, there shall be paid to the Board by an association or institution in respect of an application to the Board such fees as may, by statutory notice, be prescribed by the Minister from time to time.
  2. Nothing in this Act contained shall prohibit
(a)
any person from using any name, special name, designation, uniform or badge in the course or for the purpose of a stage play or representation, or a music hall or circus performance, pageant, or production of a cinematograph film, if the name, special name, designation, uniform or badge is not used in such a manner or under such circumstances as to bring it into ridicule or contempt; or
(b)
the continued use of any mark or device, whether or not protected under the provisions of any written law relating to the registration of trade marks or any amendment thereof, which has been bona fide used as a trade mark before the commencement of this Act; or
(c)
the right of any person to use any name, special name, designation, uniform or badge which at the commencement of this Act was in regular use by such person; or
(d)
the right of any person to use any uniform or badge to the use of which such person has bona fide become entitled by reason of his present or past membership of any association or institution outside Zambia.

Offences and penalties

Evidence

Prescribed fees

Savings


立法 被以下文本取代 (1 文本) 被以下文本取代 (1 文本)
无可用数据。

WIPO Lex编号 ZM027