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The Trade Marks (Amendment) Act, 1980


GOVEH,NMENT OF ZAMBIA

ACT

No. 17 of 1980

Date of Assont: 21st Docornber, 1980

An Act to amend the Trade MarksAct

['"

ENACTED by the Parliament of Zambia.

1. (1) This Act may be cited as the Trade :Marks (Amendment) Act, 1980, and shall be read as one with the Trade Marks Act, hereinafter referred to as tho principal Act.

(2)
This Act shall como into oporation on such date as tho Minister may, by statutoryinatrurnent, appoint.
2. Section two of the principal Act is amended in subsection
(1)
by the deletion of the definition of "Tribunal".
  1. Section fourteen. of the principal Act is amended in subsection (3) by tho deletion of "Tribunal" and the substitution therefor of "High Court".
  2. Section fifteen of tho principal Act is amended in subsection (2) by the deletion of "Tribunal" and the BUbstitution therefor of "High Court".
  3. Section 8evenleen of the principa.l Act is amended in subsections (2) and (3) by the deletion of the word" Tribunal" wherever it occurs and the substitution therefor of "High Court".
  4. Section nineteen of the principal Act is amended by the deletion of the word "Tribunal" wherever it occurs and the substitution therefor of "High Court".

~This Ac·t shnll como into operation on surh duro as tho ;\Jilii,,[or mllY, by statutory instrument, appoint.

Enactment

Short title

and

commence

ment.

Cap. 693

Amendment of section 2

Amendment of section 14

Amendmcnt of section JI)

Amendment. of section 17

Amendment of sect.ion 19

Single copiee of this Act may be obtained [rom the GM'ernment Printer,

P.O. Boa 30136, Lusaka, Friel zo».

,No. 17 of 1980] Trade Mar'k8 (Amendment)

Amendment of Motion 20

Ameodment of IHIOtion 21

Amendment of seeMon 2%

Amendment of section 23

Amendment of seetion 24

Amendment of section 25

Amendment of section 31

Amendment of aection 32

Amendment of section 35

Amendment of Motion 37

Amendment of section 38

Amendment of section 4]

  1. Section twenty of the principal Act is amended in subsection (2) by the deletion in paragraph (b) of" Tribunal .. and the substitution therefor of "High Court".
  2. Section twenty-one of the principa.l Act is amended in subsection (1) by the deletion of"Tribunal" and the substitution therefor of "High Court".

9. Section twenty-two of the principal Act is amended

(a)
by the deletion of subsection (6) and the substitution therefor of the following subsection:
(6) An appeal under this section shall be heard in accordance with the provisions of Part XI.; .
(b)
in subsections (7) and (8) by the deletion of the word "Tribunal" wherever it occurs and the substitution therefor of " High Court".
  1. Section twenty-three of the principal Act is amended in subsections (7), (8), (9) and (10) by the deletion of the word "Tribunal" wherever it occurs and the substibubion therefor of "High Court".
  2. Section twenty-four of the principal Act is amended in subsection (1) by the deletion of "Tribunal" and thesubstitution therefor of "High Court".
  3. Section twenty-five of the principal Aot is amended in the proviso to subsection (5) by the deletion of "Tribunal" and the substitution therefor of "High Court".
  4. Section thirty-one of the principal Aot is amended in eubseotions (1) and (2) by the deletion of the word ·"Tribunal" wherever it oocurs and the substitution therefor of "High Court". .
  5. Section tll.irty-two of the principal Act is amended in subsection (4) by the deletion of" Tribunal" and the substitution therefor of " High Court".
  6. Section thirty-five of the principal Act is amended in subaeotion (1) by the deletion ofthe word" Tribunal" wherever it occurs and the substitution therefor of " High Court ".
  7. Section thirty-Beven of the principal Act is amended in subsections (1), (2), (3) and (4) by the deletion of the word " Tribunal" wherever it occurs and the substitution therefor of " High Court".
  8. Section thirty-eight of the principal Act is amended by the deletion of the word" Tribunal" wherever it occurs and the substitution therefor of " High Court".
  9. Section forty-one of the principal Aot is amended in subsection (3) by the deletion of " Tribunal" and the substitution therefor of " High Court ".

(Amendme11t)

19. Section forty-two of the principal Aot is amended in Amendment

of section 42

subsection (2) by the deletion of" Tribunal" and the substitu

tion therefor of " High Court ".

Repea.l and

20. The principal Act is amended by the repeal of section

replacement

fortY-8even and the substitution therefor of the following ofaect.ion 47 section:

47. In all proceedings before the Registrar under this Po",:erof Aot, the Registrar shall have power to award to any party ::~t:a:: such costs as he may consider reasonable and to direct c how and by what parties they are to be paid, and any costs so awarded shall be taxed by the High Court and payment thereof may be enforced in the same manner as if they were costs allowed by the High Court.

21. The principal Act is amended by the repeal of seotion Repeal and

repla.cement

fifty-one and the substitution therefor of the following section:

of section 51

51. Where this Act provides for an appeal from a High Court decision of the Registrar, such appeal shall be made to the ~"~ High Court. P

Bepeal of

22. The principal Act is amended by the repeal of seotion

section 52

fifty-two.

23. The~principal Act is amended by the repeal of section Repeal and

replacement

fifty-three and the substitution therefor of the following section:

of section 53

53. The Chief Justice may, by statutory instrument, Rules of make rules regulating the practice and procedure relating court to appeals or references to the High Court or the Supreme Court, as the case may be, as to

(a)
the time within which any requirement of the rules is to be complied with;
(b)
the costs and expenses of and incidental to any proceedings;
(c)
the fees to be charged in respect of such proceedings; and
(d)
the summary determination of any appeal which appears to the High Court or the Supreme Court, as the case may be, to be frivolous or vexatious or to be brought for the purpose of delay.

24. The principal Act is amended by the repeal of section Repea.l of

section 54

fifty-four.

25. Section fifty-five of tho principal Act is amended by the Amendment

of soctdon 65

deletion of " Tribunal" and "Tribunal or High Court" and the substitution therefor of " High Court" and" High Court or Supreme Court", respeotively.:

140 No. 17 of 1980] 'l.'rade Marks (Amendment)

Repoaland replacement of section 66

References to High Court by Rogistrar

Amendment of section 58

Amendmont of section 60

Amendment of section 61

Repeal of sections 62 and 63

Repeal and rep1acement of 8OOtion 64

Procedure in eaees of option to apply to High Court or Registrar

Repeal and replacement of section 65

Security for costs and taxation of costs

26. The principal Act is amended by the repeal of section fifty-six and the substitution therefor of the following section:

56. iVlwn any matter to be decided by the Registrar under this Act appears to him to involve a point of law or to he of unusual importance or complexity, he may, after giving notice to the parties, refer such matter to the High COUlt for a decision and shall thereafter, in relation to such matter, act in accordance with the decision of the High Court or any decision substituted therefor on appeal to the Supreme Court.

  1. Section fifty-eight of the principal Act is amended by the deletion of the words "High Court or Tribunal" wherever they occur and the substitution therefor of " Supreme Court or High Court".
  2. Section sixty of the principal Act is amended by the deletion of "Tribunal" and the substitution therefor of " High Court".
  3. Section sixty-one of the principal Act is amended by the deletion of the word "Tribunal" wherever it occurs and the substitution therefor of " High Court".

30. '1'he principal Act is amended by the repeal of sections 8ixty-two and sixty-three.

31. The principal Act is amended by the repeal of section sixty-four and the substitution therefor ofthe following section:

64. Where under any of tho foregoing provisions of this Act an applicant has an option to make an application either to the High Court or to the Registrar and such application is made to the Registrar, the Registrar may, at any stage of the proceedings, refer the application to the High Court or may, after hearing tho parties, determine the question between them, subject to appeal to the High Court.

32. The principal Act is amended by the repeal of section 8ixty-five and the substitution therefor of the following section:

65. (1) When a party to proceedings before the Registrar is resident outside Zambia, the Registrar may order such pa.rty to give security, within such time as may be 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 as abandoned.
(3)
Where a bond is to be given as socurity for costs, it shall, unless the Registrar otherwise directs, be given to the party requiring the security.

Trade 111arks [No. 17 of 1980 141 (Amendment)

  1. Section sixty-six of tho principal Act is amended by the deletion of tho word" Tribunal" wherever it occurs and the substitution therefor of " High Court".
  2. The principal Act is amendod by the repeal of section sixty-seven and the substitution therefor of the following section:

Amendment of soot.ion 66

Repeal and roplacement of section 67

67. Any party to any proceedings before tho High Appeals to Court may appoal in accordance with rules made under ~~~mo

this Part from any order or decision of the High Court to the Supreme Court.

  1. Section se'l.'enty-one of the principal Act is amended by the deletion of " or the Tribunal".
    1. Section seventy-six of the principal Act is amended by the deletion of subsection (2) and the substitution therefor of the following subsection:
    2. (2) No authentication shall be required in respect of any document lodged in the Trade Marks Office under the provisions of this Act.
  2. Tho principal Act is amended by the repeal of sections eighty-three, eiglttyjour and eighty-five.

38. Section eighty-seven of the principal Act is amended

(a)
in subsection (2) by the deletion of " Tribunnl " and the substitution therefor of " High Court";
(b)
by the deletion of subsection (3);
(c)
in subsection (4) by the deletion of " Tribunal" and the substitution therefor of " High Court".
  1. Section ninety of the principal Act is amended in subsection (2) by the deletion of" or the Tribunal" and tho substitution therefor of ", the High Court or tho Supreme Court ".
  2. The Schedule to the principal Act is amended in paragraph I by the deletion in sub-paragraph (5) of" Tribnnal " and the substitution therefor of " High Court ".

A"'''',dment ol section 71

Amendment of section 76

Repeal of

sections 83,

84 and 85

Amendment of section 87

Amendment ofsection 90

Amendment of Schedule