Loi sur les dessins et modèles enregistrés de 1958, Zambie

Section

1. Use of registered designs for services of the State
2. Rights of third parties in respect of State use
3. Special provisions as to State use during emergency
4. Reference of disputes as to State use

PART VI

ASSIGNMENTS. CORRECTIONS AND CANCELLATION

1. Registration of assignments, etc.
2. Power of Registrar to authorise corrections
3. Rectification of register
4. Cancellation of registration

PART VII

FUNCTIONS OF REGISTRAR IN RELATION TO CERTAIN EVIDENCE, DOCUMENTS AND POWERS

1. Evidence ofcertain entries and documents
2. Inspection of registered designs
3. Information as to existence ofcopyright
4. Certificate ofregistration
5. Copies of certificates of registration
6. Exercise of discretionary powers of Registrar
7. Proceedings before Registrar
8. Power of Registrar to award costs
9. Power of Registrar to fix time and place of sitting, etc.

PART VIII

APPEALS AND LEGAL PROCEEDINGS

1. High Court to hear appeals
2. Repealed by Act No. 16 of 1980
3. Repealed by Act No. 16 of 1980
4. Rules of Court
5. Time for appeals
6. References to High Court by Registrar
7. Certification of validity
8. Infringement action to be heard in High Court
9. Remedy for groundless threats of infringement proceedings
10. Security for costs and taxation
11. Costs of Registrar
12. Appeals to Supreme Court

REGISTRABLE DESIGNS AND PROCEEDINGS FOR REGISTRATION

7. (1) Subject to the following provisions of this section, a design may, upon application made by the person claiming to be the proprietor, his assignee or legal representative, be registered under this Act in respect of any article or set of articles specified in the 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 application for registration appears on the register or has been published in the former Federation of Rhodesia and Nyasaland or, after the 1st 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 Act may provide for excluding from registration thereunder designs for such articles, being articles which are primarily literary or artistic in character, as the Minister thinks fit.

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

8. (1) Subject to the provisions of this section, the author of a design shall be treated for the purposes of this Act 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 Designs registrable under Act

Proprietorship of designs 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 Office in 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- Proceedings for registration

Registration of same design in respect of other articles, etc.

(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.

(2)

Where any person makes an application for the registration of a design in respect of any article and either-

(a)

that design has been previously registered by another person in respect of some other article; or

(b)

the design to which the application relates consists of a design previously registered by another person in respect of the same or some other article with modifications or variations not sufficient to alter the character or substantially to affect the identity thereof;

then, if at any time while the application is pending the applicant becomes the registered proprietor of the design previously registered, the provisions of subsection (1) shall apply as if at the time of making the application the applicant had been the registered proprietor of that design.

11. (1) In this section, "competent authority" means the President or the Minister or Junior Minister, if any, to whom 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.

Provisions for secrecy of certain designs

(3)

Regulations shall be made by the Minister under this Act for securing 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 continuance 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 notice, consider whether the publication of the design would be prejudicial to the defence of the Republic and unless a notice under paragraph (c) 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 he exercised all such deligence 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 G.N. No. 187 of 1964 and S.I. No. 175 of 1965)

12. (1) An application for the registration of a design shall not be refused, and the registration of a design shall not be invalidated, by reason only of-

(a)

the disclosure of the design by the proprietor to any other person in such circumstances as would make it contrary to good faith for that other person to use or publish the design;

(b)

the disclosure of the design in breach of good faith by any person other than the proprietor of the design;

(c)

in the case of a new or original textile design intended for registration, the acceptance of a first and confidential order for goods bearing the design; or

Provisions as to confidential disclosure, etc.

(d)

the communication of the design by the proprietor thereof to a Government department or to any person authorised by the Minister to consider the merits of the design, or of anything done in consequence of such a communication.

(2)

Where copyright subsists in an artistic work, and an application is made by, or with the consent of, the owner of that copyright for the registration of a corresponding design, that design shall not be treated for the purposes of this Act as being other than new or original by reason only of any use previously made of the artistic work, unless-

(a)

the previous use consisted of or included the sale, letting for hire, or offer for sale or hire of articles to which the design in question (or a design differing from it only as mentioned in subsection (2) of section seven) had been applied industrially, other than articles of a description specified in regulations made under subsection (3) of section seven; and

(b)

that previous use was made by, or with the consent of, the owner of the copyright in the artistic work.

(As amended by G.N. No. 187 of 1964)

13. (1) Any person who qualifies under Article 2 or 3 of the Convention and who has applied for protection for any design in a convention country, or his legal representative or assignee (if such assignee is also so qualified), may make an application for registration of that design in priority to other applicants; and the registration shall have the 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 that-

(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.

Convention arrangements

(2)

An application for the registration of a design made 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 January, 1964, the former Protectorate of Northern Rhodesia or 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 (1) 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 G.N. No. 187 of 1964 and S.I. No. 175 of 1965)

13A. (1) In this section-ARIPO industrial designs

(a)

"ARIPO" means the African Regional Industrial Property Organisation, formerly known as the Industrial Property Organisation for English-Speaking Africa (ESARIPO), which was established, under the former name, by an agreement adopted at Lusaka on 9th December, 1976; and

(b)

"ARIPO Protocol" means the Protocol on Patents and Industrial Designs within the Framework of ARIPO, adopted at Harare on 10th December, 1982.

(2)

Where an industrial design has been registered by ARIPO under section 4 (7) of the ARIPO Protocol and the Registrar has not objected, under section 4 (3) of the Protocol, to the industrial design having effect in Zambia, the design shall for all purposes be deemed to have been registered under this Act.

(3)

An industrial design shall not be deemed to have been registered under this section if, under section 4 (3) of the ARIPO Protocol, the Registrar objects to its having effect in Zambia.

(As amended by Act No. 25 of 1987)

PART IV

EFFECT OF REGISTRATION, ETC.

14. (1) The registration of a design under this Act 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 G.N. No. 187 of 1964 and S.I. No. 175 of 1965)

15. (1) Copyright 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 of copyright for the second or third period is made in the prescribed form before the expiration of the original period or the second period, as the case may be, and if the prescribed fee is paid before the expiration of the relevant period or within such further period (not exceeding three months) as may be specified in a request made to the Registrar and accompanied by the prescribed additional fee.

(3)

Where in the case of a registered design it is shown-

(a)

that 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.

Right given by registration

Period of copyright

(b)

that, 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; and

(c)

that the copyright in that work under the written law relating to copyright expired before the date of expiry of the copyright in the design;

the copyright in the design shall, notwithstanding anything in this section, be deemed to have expired at the same time as the copyright in the artistic work, and shall not be renewable after that time.

(As amended by G.N. No. 187 of 1964)

16. (1) In proceedings for the infringement of copyright in a registered design, damages shall not be awarded against a defendant who proves that at the date of the infringement he was not aware, and had no reasonable ground for supposing, that the design was registered; and a person shall not be deemed to have been aware or to have had reasonable ground for supposing as aforesaid by reason only of the marking of an article with the word "registered" or any abbreviation thereof, or any word or words expressing or implying that the design applied to the article has been registered, unless the number of the design accompanied the word or words or the abbreviation in question.

(2) Nothing in this section shall affect the power of the High Court to grant an injunction or interdict in any proceedings for infringement of copyright in a registered design.

(As amended by Act No. 16 of 1980)

17. (1) At any time after a design has been registered, any person interested may apply to the Registrar for the grant of a compulsory licence in respect of the design on the 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 an extent as is reasonable in the circumstances of the case; and the Registrar may make such order on the application as he thinks fit.

(2) An order for the grant of a licence shall, without prejudice to any other method of enforcement, have effect as if it were a deed executed by the registered proprietor and all other necessary parties, granting a Exemption of innocent infringer from liability for damages

Compulsory licence in respect of registered design licence in accordance 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 G.N. No. 187 of 1964)

PART V

USE OF REGISTERED DESIGNS FOR 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 High Court on a reference under subsection (1) of section twenty-one.

(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

Use of registered designs for services of the State 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 a use of the design for the services of the State, and the power of a Government department or a person authorised by the Minister under this section to use a design shall include power-

(a)

to sell such articles to the government of any country in pursuance of any such agreement or arrangement as aforesaid; and

(b)

to sell to any person any articles made in the exercise of the powers conferred by this section which are no longer required for the purpose for which they were made.

(7)

The purchaser of any articles sold in the exercise of powers conferred by this section, and any person claiming through him, shall have power to deal with them in the same manner as if the rights in the registered design were held on behalf of the State.

(As amended by G.N. No. 187 of 1964 ,

S.I. No. 175 of 1965 and Act No. 16 of 1980)

19. (1) In this section, "exclusive licence" means a licence from a registered proprietor which confers on the licensee or on the licensee and persons authorised by him, to the exclusion of all other persons (including the registered proprietor), any right in respect of the registered design.

(2) In relation to any use of a registered design, or a design in respect of Rights of third parties in respect of State use which an application for registration is pending, made for the services of the State-

(a)

by a Government department 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 licence, assignment or agreement made, whether before or after the commencement 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, 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) of that section shall have effect as if the reference to the registered proprietor included a reference to the assignor, and any sum

(2)

During any period of emergency the powers exercisable in relation to a design by a Government department or a person authorised by the Minister under section eighteen, shall include power to use the design for any purpose which appears to the Minister necessary or expedient-

(a)

for the efficient prosecution of any war in which the Republic may be engaged;

(b)

for the maintenance of supplies and services essential to the life of the community;

(c)

for securing a sufficiency of supplies and services essential to the well-being of the community;

(d)

for promoting the productivity of industry, commerce and agriculture;

(e)

for fostering and directing exports and reducing imports or imports of any classes, from all or any countries and for redressing the balance of trade;

(f)

generally for ensuring that the whole resources of the community are available for use, and are used, in a manner best calculated to serve the interests of the community; or

(g)

for assisting the relief of suffering and the restoration and distribution of essential supplies and services in Zambia 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 including a reference to the purposes aforesaid.

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

21. (1) Any dispute as to-Reference of disputes as to State use

(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

(c)

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 High Court 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 department may-

(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 High Court under section twenty-four;

(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 High Court 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.I. No. 175 of 1965 and Act No. 16 of 1980)

PART VI

ASSIGNMENTS. CORRECTIONS AND CANCELLATION

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 High Court or the Supreme Court otherwise directs.

(As amended by G.N. No. 187 of 1964 and Act No. 16 of 1980)

23. (1) The Registrar may authorise the correction of any clerical error Power of or omission or error in translation in any application for the registration Registrar to or in the representation of a design, or any error in the register. authorise

corrections

(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 High Court may, on the application of any person Rectification of aggrieved, order the register to be rectified by the making of any entry register therein or the variation or deletion of any entry therein.

(2)

The High Court may determine any question which it may be necessary or expedient to decide in connection with the rectification of the register.

(3)

Repealed by Act No. 16 of 1980.

(4)

A notice of any order made by the High Court under 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.

(As amended by Act No 16 of 1980)

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

(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 Evidence of

46. Any party to any proceedings before the High Court may appeal in Appeals to accordance with rules made under this Part from any order or decision of Supreme Court that Court to the Supreme Court.

OFFENCES AND PENALTIES

1. Any person who makes or causes to be made a false entry in the Falsification of register, or a writing falsely purporting to be a copy of an entry in the entries in register, or who produces or tenders or causes to be produced or register 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-Penalty for falsely representing a design as registered

(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 thousand five hundred penalty units or, in default of payment, to imprisonment for a period not exceeding six months, or to both.

(2)

For the purposes 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, otherwise applied the word "registered", or any other word expressing or implying that the design is registered, shall be deemed to represent that the design applied to the article is registered in respect of that article.

(As amended by Act No. 13 of 1994)

49. (1) Any person who-Deceiving or influencing the Registrar or an officer

(a)

for the purpose of deceiving the Registrar or any other officer of the Designs Office in the execution of the provisions of this Act; or

(b)

for the purpose of procuring or influencing the doing or omission of anything in relation to this Act or any other matter thereunder;

makes or submits a false statement or representation, whether orally or in writing, knowing the same to be false, shall be guilty of an offence.

(2)

Any person who, having innocently made a false statement or representation, whether orally or in writing, for the purpose of procuring or influencing the doing or omission of anything in relation to this Act or any matter thereunder and who on becoming aware that such statement or representation was false fails to advise the Registrar forthwith of such falsity, shall be guilty of an offence.

1. Any person who, after having been sworn or having in lieu thereof Witness giving made an affirmation or declaration, wilfully gives false evidence before false evidence the Registrar concerning the subject-matter of the 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 Penalties guilty of an offence under this Act shall be liable to a fine not exceeding fifteen thousand penalty units or to imprisonment for a period not exceeding three years, or to both.

(As amended by Act No. 13 of 1994)

PART X

MISCELLANEOUS

1. Where by this Act any act has to be done by or to any person in Recognition of connection with a design or any procedure relating thereto, the act may agents 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 Lodging and under this Act to be lodged, made or given at the Designs Office or to authentication the Registrar or to any other person may be delivered by hand or sent by of documents registered post.

(2) No authentication shall be required in respect of any document lodged in the Designs Office under the provisions of this Act.

(As amended by Act No. 16 of 1980)

54. (1) Where under the provisions of this Act- Provisions as to fees

(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.

(c)

the service of notices and other documents required to be served in connection with proceedings under this Act;

(d)

the conduct of the business ofthe Designs Office;

(e)

authorising the publication and the sale of copies of representations of designs and other documents in the Designs Office.

(3)

The Minister may prescribe a tariff of the fees which shall be payable in respect of any application, registration or other matter under this Act and the fees shall be payable as so prescribed.

PART XI