Ley de Dibujos y Modelos Registrados (Capítulo 696), Zambia

CHAPTER 696

REGISTERED DESIGNS

An Act to make provision relating to the registration of designs and for other purposes incidental thereto.

[1st December, 1958]

PART I

PRELIMINARY

1. This Act may be cited as the Registered Designs Act.
2. (1) In this Act, unless the context otherwise requires

" 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:

(a)

the following, irrespective of artistic quality, namely, paintings, sculptures, drawings, engravings and photographs;

(b)

works of architecture, being either buildings or models for buildings;

(c)

works of artistic craftsmanship, not falling within paragraph (a) or (b);

" assignee" means

(a)

the person who has derived his title to the design for Zambia directly or indirectly from the proprietor thereof or from the latter's assignee; or

(b)

the legal representative of such person;

" 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---

(a)

the liquidator or receiver of a company;

(b)

the representative recognised by law of any person who has died, become bankrupt, assigned his estate, is an infant or a minor, or of unsound mind, or is otherwise under a disability;

" 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.

(2)

Any reference in this Aot to an article in respect of which a design is registered shall, in the case of a design registered in respect of a set of articles, be oonstrued as a reference to any article of that set.

(3)

Any question arising under this Act whether a number of articles oonstitutes a set of articles shall be determined by the Registrar; and notwithstanding anything in this Aot any determination of the Registrar under this subseotion shall be final.

(As amended by a.N. No. 187 of 1964 and S.I. No. 175 of 1965)

PART II

ADMINISTRATION

1. There shall be established under the direction of the Minister an officeto be called the Designs Office.
2. There shall be

(a)

a Registrar of Designs who shall exercise the powers and perform the duties assigned to the Registrar by this Aot and shall be responsible for its administration; and

(b)

one or more Deputy Registrars of Designs who shall, subject to the control of the Registrar, have all the powers oonferred by this Act upon the Registrar; and

(c)

such examiners and other officers as may be necessary for oarrying out the provisions of this Aot.

1. The seal of the Patent Offioe kept in terms of the Patents Aot shall also be the seal of the Designs Office, and impressions thereof made for the purposes of this Aot shall be judicially notioed.
2. (1) There shall be kept at the Designs Office for the purposes of this Aot a register of designs wherein shall be entered all registered designs with the names and addresses of their proprietors, notifioations of assignments and transmissions, and such other matters relating to registered designs as may be presoribed or as the Registrar may think fit.

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,

(2)

Subject to the provisions of this Act, a design shall not be registered thereunder unless it is new or original and in particular shall not be so registered in respect of any article if it is the same as a design which before the date of the applioation for registration appears on the register or has been published in the former Federation of Rhodesia and Nyasaland or, after the Ist January, 1964, the former Protectorate of Northern Rhodesia or the Republic in respect of the same or any other article or differs from such a design only in immaterial details or in features which are variants commonly used in trade.

(3)

Regulations made by the Minister under this Aot may provide for exoluding from registration thereunder designs for suoh articles, being articles which are primarily literary or artistio in character, as the Minister thinks fit.

(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.

(2)

For the purpose of deciding whether a design is new or original, the Registrar may make such searches, if any, as he thinks fit. .

(3)

The Registrar may refuse any application for the registration of a design or may register the design in pursuance of the application subject to such modifications, if any, as he thinks fit.

(4)

An application which, owing to any default or neglect on the part of the applicant, has not been completed so as to enable registration to be effected within such time as may be prescribed shall be deemed to be abandoned.

(5)

Except as otherwise expressly provided by this Act, a design when registered shall be registered as of the date on which the application for registration was made, or such other date (whether earlier or later than that date) as the Registrar may in any particular case direct:

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

(a)

for registration in respect of one or more other articles, of the registered design; or

(b)

for registration in respect of the same or one or more other articles, of a design consisting of the registered design with modifications or variations not sufficient to alter the character or substantially to affect the identity thereof;

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.

(2)

Where an application for the registration of a design has been made, and it appears to the Registrar that. the design is one of a class notified to him by the competent authority as relevant for defence purposes, he may give directions for prohibiting or restricting the publication of information with respect to the design, or the communication of such information to any person or class of persons specified in the directions.

(3)

Regulations shall be made by the Minister under this Aot for seouring that the representation or specimen of a design, in the case of which directions are given under this section, shall not be open to inspection at the Designs Office during the continuanoe in force of the directions.

(4)

Where the Registrar gives any such directions as aforesaid, he shall give notice of the application and of the directions to the competent authority, and thereupon the following provisions shall have effect, that is to say:

(a)

the competent authority shall, upon receipt of such notioe, consider whether the publication of the design would be prejudicial to the defence of the Republic and unless a notice under paragraph (0) has previously been given by that authority to the Registrar, shall reconsider that question before the expiration of nine months from the date of lodging of the application for registration of the design and at least once in every subsequent year;

(b)

for the purpose aforesaid, the competent authority may, at any time after the design has been registered or with the consent of the applicant, at any time before the design has been registered, inspect the representation or specimen of the design lodged in pursuance of the application;

(c)

if upon consideration of the design at any time it appears to the competent authority that the publication of the design would not, or would no longer, be prejudicial to the defence of the Republic, that authority shall give notice to the Registrar to that

effect; ..

(d)

on the receipt of any such notice, the Registrar shall revoke the directions and may, subject to such conditions, if any, as he thinks fit, extend the time for doing anything required or authorised to be done by or under this Act in connection with the application or registration, whether or not that time has previously expired.

(5)

No person ordinarily resident or domiciled in Zambia shall, while in Zambia, except under the authority of a written permit granted by or on behalf of the Registrar, make or cause to be made any application outside Zambia for the registration of a design of any class prescribed for the purposes of this subsection unless

(a)

an application for registration of the same design has been made in Zambia not less than six weeks before the application outside Zambia; and

(b)

either no directions have been given under subsection (2) in relation to the application in Zambia or all such directions have been revoked.

(6)

If any person fails to comply with any direction given under this section or makes or causes to be made an application for the registration of a design in contravention of this section, he shall be guilty of an offence.

(7)

'Where an offence under this section is committed by a body corporate, every person who at the time of the commission of the offence is a director, general manager, secretary or other similar officer of the body corporate, or is purporting to act in any such capacity, shall be deemed to be guilty of that offence unless he proves that the offence was committed without his consent or connivance and that hc exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances.

(As amended by a.lV. No. 187 of 1964 and 8.1. No. ] 75 of ] 965)

12 CAP.

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->

(n)

the previous use consisted of or included the sale, letting for hire, 01' offer for sule 01' hire of articles to which the design in question (01' a design differing: from it only as mentioned in subsection (2) of section 8p.V('n) had been applied industrially, other than articles of I\. description speciflod in regulations made under subsection (iJ) of section 8CVp.'n; and

(b)

tlmt previous use was made by, 01' with tho consent of, the owner of the copyright in the artistic work.

(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

(i)

the application for registration is made within six months from the date of the application for protection in the convention country or, where more than one such application for protection has been made, from the date of the first application;

(ii)

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.

(2)

An application for the registration of a design unade by virtue of this section shall not be refused, and the registration of a design on such an application shall not be invalidated, by reason only of the registration or publication of the design in the former Federation of Rhodesia and Nyasaland or after the 1st .Iauuarv, 1964, the former Protectorate of Northern Rhodesia 0'1, the Republic during the period specified in proviso (i) to subsection (1) as that within which the application for registration may be made.

(3)

Where an applicant referred to in subsection (l) has applied for protection for any design by an application which, in accordance with the law of any convention country, is equivalent to an application duly made in that convention country, he shall be deemed for the purposes of this section to have applied in that convention country.

(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,

(2)

An order for the grant of a Iicenoe shall, without prejudice to any other method of enforcement, have effect as if it wore a deed executed by the registered proprietor and all other 11800Ssary parties, granting a licence in aeoordance with the order.

(3)

No order shall be made under this section which would be at variance with any of the provisions of the Convention.

(4)

An appeal shall lie from any order of the Registrar under this section.

(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.

(2)

If and so far as the design has before the date of registration thereof been duly recorded by or applied by or on behalf of a Government department, otherwise than in consequence of the communication thereof directly or indirectly by the registered proprietor or any person from whom he derives title, any use of the design by virtue of this section may be made free of any royalty or other payment to the registered proprietor.

(3)

If and so far as the design has not been so recorded or applied as aforesaid, any use of the design made by virtue of this section at any time after the date of registration thereof, or in consequence of any such communication as aforesaid, shall be made upon such terms as may be agreed upon, either before or after the use, between the Minister and the registered proprietor with the approval of the Minister responsible for finance, or as may in default of agreement be determined by the ~ btt'.rra:}.on a reference under subsection (1) of section twentyone.

(4)

The authority of the Minister in respect of a design may be given under this section either before or after the design is registered and either before or after the acts in respect of which the authority is given are done, and may be given to any person, whether or not he is authorised directly or indirectly by the registered proprietor to use the design.

(5)

Where any use of a design is made by a Government department or any person authorised by the Minister under this section, then, unless it appears to the Minister that it would be contrary to the public interest so to do, the Minister shall notify the registered proprietor as soon as practicable after the use is begun, and furnish him with such information as to the extent of the use as he may from time to time require.

(6)

For the purposes of this Part, any use of a design for the supply to the government of any country outside Zambia, in pursuance of any agreement or arrangement between the Government and the government of that country, of articles required for the defence of that country shall be deemed to be

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,

(2)

In relation to any use of a registered design, or a design in respect of which an application for rogiRtration is pending, made for the services of the Stl1to

(a)

by ~1 Government deparbment or a person authorised by the Minister under section eighteen; or

(b)

by the registered proprietor or applicant for registration to the order of a Government department;

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,

(3)

Where an exclusive licence granted otherwise than for royalties or other benefits determined by reference to the use of the design is in force under the registered design, then

(a)

in relation to any use of the design which, but for the provisions of this section and section eighteen, would constitute an infringement of the rights of the licensee,

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

(b)

in relation to any use of the design by the licensee by virtue of an authority given under section eighteen, that section shall have effect as if subsection (3) thereof were omitted.

(4)

Subject to the provisions of subsection (3), where the registered design or the right to apply for or obtain registration of the design has been assigned to the registered proprietor in consideration of royalties or other benefits determined by reference to the use of the design, then

(a)

in relation to any use of the design by virtue of section eighteen, subsection (3) ofthat section shall have effect as ifthe reference to the registered proprietor included a reference to the assignor, and any sum payable by virtue of that subsection shall be divided between the registered proprietor and the assignor in such proportion as may be agreed upon between them or as may in default of agreement be determined by the 'l\li:b'Ml'ltl on a reference under section twenty-one; and

(b)

in relation to any use ofthe design made for the services ofthe State by the registered proprietor to the order of a Government department, subsection (3) of section eighteen shall have effect as if that use were made by virtue of an authority given under that section.

(5)

Where, under subsection (3) of section eighteen, payments are required to be made by a Government department to a registered proprietor in respect of any use of a design, any person being the holder of an exclusive licence under the registered design (not being such a licence as is mentioned in subsection (3) of this section) authorising him to make that use of the design shall be entitled to recover from the registered proprietor such part, if any, of those payments as may be agreed upon between that person and the registered proprietor, or as may in default of agreement be determined by the 'Ftfunrnn under section twenty-one to be just having regard to any expenditure incurred by that person

(a)

in developing the said design; or

(b)

in making payments to the registered proprietor, other than royalties or other payments determined by reference to the use of the design, in consideration of the licence;

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->

(a)

the exercise by a Government department or a person authorised by the Minister of the powers conferred by section eighteen;

(b)

the terms for the use of a design for the services of the State thereunder; or

(e)

the right of any person to receive any part of a payment made in pursuance of subsection (3) of section

eighteen;

may be referred to the 'I:PHJ'Iin&l by any party to the dispute in such manner as may be prescribed.

(2)

In any proceedings under this section to which a Government department is a party, the Government departmentmay

(a)

if the registered proprietor is a party to the proceedings, apply for cancellation of the registration of the design upon any ground upon which the deletion of a design may be ordered by the 'FPHoltmtbl under section twenty jour ;

(b)

in any case, put in issue the validity of the registration of the design without applying for its cancellation.

(3)

If in such proceedings as aforesaid any question arises whether a design has been recorded or applied as mentioned in section eighteen and the disclosure of any document recording the design, or of any evidence of the application thereof, would, in the opinion of the Government department, be prejudicial to the public interest, the disclosure may be made confidentially to counsel appearing for the other party or to an independent expert agreed upon by the parties.

(4)

In determining under this section any dispute between a Government department and any person as to terms for the use of a design for the services of the State, the l"rmtlftM shall have regard to any benefit or compensation which that person or any person from whom he derives title may have received, or may be entitled to receive, directly or indirectly from any Government department in respect of the design in question.

(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

(a)

whore tlllLt ]lOI'HOn iH olltiU(l(l to u, l'o~iHt,orml c!nHign 01' 11 Hhl1J'O in 11 l'O~iHtOl'od dOHi~ll, l'll~iHt(W hiIII in Lho J'ogiHtm' 11H proprietor 01' co-proprietor of tho dnHi~n, 11nc1 outer ill th,1(, J'o~iAtm' pa.rtioulur» of tho iustrumont OJ' evonf by which ho dorivos tiblo ; or

(b)

whore th'1t, peraon if! entitled to any other intOl'oHL in the rogistorod dOHi~n, enter in tlmt l'o~iRt(lr notioo of his interest, with paruioulurs of tho instrumont, if any, ortlatillg it.

(4)

Subject to 111ly ri~hts vested in any other porson of whioh notice is entered ill tho register of designs, tho porson or persons registered as proprietor of a registered design shall have power to assign, grant licences under, or otherwise doal with the design, and to give effectual receipts for any oonsideration for any such assignment, licence or dealing.

(13)

Except for the purposes of an application to rootify the register under the provisions of this Act, a document in respect of which no entry has been made in the register under subsection (3) shall not be admitted in any proceedings as evidence of the title of any person to a registered design or share of or interest in a registered design unless the ~...Qt' t~Jl.t otherwise directs.

(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.

(2)

A correction may be made in pursuance of this section, either upon a request in writing made by any person interested and accompanied by the prescribed fee, or without such a request,

(3)

Where it is proposed to make a correction otherwise than upon such a request, the Registrar shall give notice of the proposal to the registered proprietor or the applicant for registration of the design, as the case may be, and to any other person who appears to him to be concerned, and shall give any such person an opportunity of being heard before the correction is made.

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

(2)

The 'Prihl:lrll:rl' may determine any question which it may be necessary or expedient to decide in connection with the rectification of the register.

(3)

Notice of any application to the Tribunal under this section shall be given in the prescribed manner to the Registrar, and to any other person appearing from the register to be interested in the design, and the Registrar and any such person shall be entitled to appear and be heard on the application.

(4)

A notice of any order made by the ~lunder this section shall be served on the Registrar in the prescribed manner, and the Registrar shall, on receipt of the notice, rectify the register accordingly.

25. (1) The Registrar may, upon a request made in the prescribed manner by the registered proprietor, cancel the registration of a design.

(2)

At any time after a design has been registered, any person interested may apply to the Registrar for the cancellation of the registration of the design on the ground that

(a)

the design was not, at the date of the registration thereof, new or original;

(b)

the design, at the time when it was registered, was a corresponding design in relation to an artistic work in which copyright subsisted under the written law relating to copyright;

(c)

by reason of a previous use of that artistic work, the design would not have been registrable under this Act but for subsection (2) of section twelve; or

(d)

the copyright in that work under the written law relating to copyright has expired;

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.

(3)

In the case of a design registered in respect of an article of any class prescribed for the purposes of subsection (2), the representation or specimen of the design shall not, during the period prescribed as aforesaid, be inspected by any person by virtue of this section except in the presence of the Registrar or of an officer acting under him; and except in the case of an inspection authorised by the proviso to that subsection, the person making the inspection shall not be entitled to take a copy of the representation or specimen ofthe design or any part thereof,

(4)

Where an application for the registration of a design has been abandoned or refused, neither the application for registration nor any representation or specimen of the design lodged in pursuance thereof shall at any time be open to inspection at the Designs Office or be published by the Registrar.

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.

1. The Registrar shall grant a certificate of registration in the prescribed form to the registered proprietor of a design when the design is registered.
2. The Registrar may, in a case where he is satisfied that the certificate of registration referred to in section twenty-nine has been lost or destroyed, or in any other case in which he thinks it expedient, furnish one or more copies of the certificate.
3. Without prejudice to .any provisions of this Act requiring the Registrar to hear any party to proceedings thereunder, or to give to any such party an opportunity to be heard, the Registrar shall give to any applicant for registration of a design an opportunity to be heard before exercising adversely to the applicant any discretion vested in the Registrar by or under this Act.
4. (1) Subject to the provisions of section fifty-five, evidence in any proceedings before the Registrar under this Act shall be given by affidavit, so, however, that the Registrar may, if he thinks fit in any particular case, take oral evidence on oath in lieu of or in addition to such evidence as aforesaid and may allow any witness to be cross-examined on his affidavit or oral evidence.

(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)

1. In all proceedings before the Registrar under this Act, the Registrar shall have power to award to any party such costs as he may consider reasonable and to direct how and by what parties they are to be paid. Any costs awarded by the Registrar shall be taxed by the registrar of the Tribunal and payment thereof may be enforced in the same manner as if they were costs allowed by the Tribunal.
2. The Registrar may in any proceeding held before him decide the hours, times and places at which he will sit and he may adjourn any proceedings for such time and to such place as he may think fit.

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.

(2)

'rho 'I'ribuna.l Hlmll in connootion with IWy Jlr'Ol:(\ndingH hoforo it. undor t;hiH Aef havo 1111 tho powors or t;IIlIHigh Court. 111ld without projudico to t;hn lill'Ogoillg and to t;I}O other l'0WOl'H oonlorn«] upon it; by UtiH Aot, tho 'I'rihunul shall huvo )lowm' to mako l111y onlor for tim JllIl'JlOHO of' H(lOUl'illg tho ILtt01l<1,L1I0(l of' any peraon, tho diHOOVOl''y or production of any d<1O11 III<1Ilt;H, 01' tho investigation OJ' punishment of any oontempt of court which tho High 0011rt; hILA POW(l1' (;0 In uko ,

(8)

'l'ho procedure and prnctieo of the Tribunal ahull, HILVO ILH otherwise provided fur by rules made under this Part, he those prevailing in the High OOU1't, in so far as tho SILmo are applicable, and if any matter should arise which is not eonternplated by such procedure, practice or rules, the 'I'ribunal may give instructions regarding the course to be pursued which instructions shall be binding on all parties.

(4)

Upon appeal to the Tribunal, tho Tribunal may

((1,) confirm, set aside or vary tho order or decision in question;

(b)

exercise any of the powers which could have been exercised by the Registrar in proceedings in connoction with which tho appeal is brought;

(c)

make such order as to costs as it may think fit.

(5)

For the purpose of this Act, the Tribunal shall sit at such times as it may appoint,

(6)

In any proceedings before it, tho Tribunal may, subject to the provisions of section fifty-five , accept evidence by affidavit or take oral evidence on oath and allow any witness to be crossexamined on his affidavit or oral evidence.

(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)

1. The Tribunal may appoint any person with special expert knowledge to act as an assessor in an advisory capacity in any case where it appears to such Tribunal that such knowledge is required for the proper determination of the case,
2. The Minister may, by statutory instrument, make rules for regulating generally the practice and procedure of the Tribunal and with respect to appeals or references to such Tribunal, as to the time within which any requirement of the rules is to be complied with, as to the costs and expenses of and incidental to any proceedings in such Tribunal, as to the fees to be charged in respect of proceedings therein, as to the fees to be paid to assessors, and in particular may make rules providing for the summary determination of any appeal which appears to the Tribunal to be frivolous or vexatious or to be brought for the purpose of delay.
3. Appeals under this Part, whether from decisions of the Registrar or orders or decisions of the 'Ft.ielml!lJI, shall be brought within three months after the date of the decision or order in question, or within such further time as the 'F0N01mft8,1

-m-e(')\U't may allow upon application by the appellant concerned.

1. When any matter to be decided by the Registrar under this Act appears to him to involve a point of law or to be of unusual importance or complexity, he may, after giving notice to the parties, refer such matter to the Tribunal for a decision and shall thereafter, in relation to such matter, act in accordance with the decision of the Tribunal or any decision substituted therefor on appeal to the Court.
2. In any legal proceeding in which the validity of the registration of a design is contested and is decided in favour of the registered proprietor of the design, the 'lMbuna;} 01 Somlr may certify to that effect and, if it so certifies, then, in any subsequent legal proceeding in which the validity of the registration comes into question, the registered proprietor of the design, on obtaining a final order or judgment in his favour, shall have his full costs, charges and expenses as between solicitor and client, unless in that subsequent proceeding the Tribunal or Court directs that he ought not to have them.

(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.

(2)

If the party or appellant ordered to give security for costs fails to do so within the time directed, the Registrar or the Tribunal may treat the proceedings or appeal as abandoned.

(3)

Where a bond is to be given as security for costs, it shall, unless the Registrar or the Tribunal otherwise directs, be given to the party requiring the security.

(4)

Unless otherwise agreed between the parties, any costs awarded in terms of subsection (4) of section thirty-five shall be taxed by the registrar of the Tribunal in accordance with rules made under this Part which taxation shall be subject to appeal to the Tribunal, and any such costs may be recovered by action in a court of competent jurisdiction.

(As amended by o.s. No. 187 of 1964)

1. In all proceedings before the ~i'bunal under this Act, the costs of the Registrar shall be in the discretion of the Tribl1Tl:8rI, but the Registrar shall not be ordered to pay the costs of any ofthe other parties.
2. (1) Any party to any proceedings before the Tribunal may appeal in aocordance with rules made under this Part from any order or deoision of such Tribunal to the High Court.

(2)

Upon the hearing of an appeal under the provisions of this section, the High Court may, without prejudice to its other powers

(a)

confirm, set aside or vary the order or decision in question;

(b)

remit the proceedings to the Tribunal with such instruotions for further oonsideration, report, prooeedings or evidence as the High Court may think fit to give;

(c)

exeroise any of the powers which could have been exercised by the Tribunal in the prooeedings in connection with which the appeal is brought;

(d)

make such order it may think just as to the costs of the appeal or of earlier proceedings in the matter before the Tribunal.

PART IX

OFFENCES AND PENALTIES

1. Any person who makes or causes to be made a false entry in the register, or a writing falsely purporting to be a copy of an entry in the register, or who produces or tenders or causes to be produced or tendered in evidence any such writing, knowing the entry or writing to be false, shall be guilty of an offence.
2. (1) Any person who

(a)

falsely represents that a design applied to any article sold by him is registered in respect of that article; or

(b)

after the copyright in a registered design has expired, marks any article to which the design has been applied with the word " registered", or any word or words implying that there is a subsisting copyright in the design, or causes any such article to be so marked;

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.

1. Any person who, after having been sworn or having in lien thereof made an affirmation or declaration, wilfully gives false evidence before the Regiatrar 6:1. the rl'pibttlttlol concerning the SUbject-matter of tho proceeding in question, knowing such evidence to be false or not knowing or believing it to be true, shall be guilty of an offence,
2. Save where otherwise provided in this Act, any person who is guilty of 11n offence under this Act shall be liable to a fine not exceeding one thousand kwacha or to imprisonment for a period not exceeding three years, or to both such fine and such imprisonment,

PART X

MISCELLANEOUS

1. Where by this Act any act has to be done by or to any person in connection with a design or any procedure relating thereto, the act may under and in accordance with the regulations or, in particular cases, by special leave of the Registrar, be done by or to an agent of that person duly authorised in the prescribed manner.
2. (1) Any application, notice or document authorised or required under this Act to be lodged, made or given at the Designs Officeor to the Registrar or to any other person may be delivered by hand or sent by registered post.

(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

(a)

a fee is payable in respect of the performance of any act by the Registrar, the Registrar shall not perform that act until the fee has been paid;

(b)

a fee is payable in respect of the doing of any act by any person other than the Registrar, the act shall be deemed not to have been done until the fee has been paid; or

(c)

a fee is payable in respect of the lodging of a document, the document shall be deemed not to have been lodged until the fee has been paid.

(2)

All fees shall be paid at the Designs Office in such manner as the Registrar, with the approval of the Minister, may accept.

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

(n)

(.110 roI'llI of' upplient.ions for J'(l~iKtl'lLtion of' dOKi!!:IlH n.nd of' ll.IIY J'0PJ'OROIlLIl,LioI1R OJ' Rpnoilll(llIH or d<lHigllH OJ' otho:: documont« which Inny ho lodgml ILt. Lho I )oHignH ()flioo, and fOl' roquirinj; (:OpiOR to 1)(1 Iurnisln«! or 1L1l~' suuh roprosontntion«, apeoimona 01' dO<HlIlIOIltH;

(b)

Lho prouorlur« to ho f'ollowod ill connection with :LilY n.pplion.t.ion 01' roquost. t.o tho H.1\gist.1'ILJ', OJ' uny 1'1'0mHlding hofoJ'o him, n.nd 1.110 ILllt.hol'iRing of' th« l'od,iliOlLtiOJI of il'l'<lgllllLJ'itios of Ill'lmod uro ;

(e)

th« H(lJ'vioo of 1l0tj(:OS iuul otlwr documents roquirod

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)