PART I PRELIMINARY
Rule
FIRST SCHEDULE-Prescribed forms
SECOND SCHEDULE-Prescribed fees
Federal
SECTION 38-THE REGISTERED DESIGNS (HIGH
Government
274 of 1958
Government Notice 497 of 1964 Act No. 13 of 1994 Statutory Instrument 55 of 1995
PART I
"Office" means the Designs Office;
"section" means a section of the Act.
PART II
3. (1) Any person who desires to appeal to the High Court from a Entry of appeal decision of the Registrar of Designs in any matter in which a right of appeal is given under the Act shall, within three months after the date of the decision, file with the registrar of the High Court a notice in Form
D.T. No. 1.
4. (1) Any application for an extension of time in which to appeal shall be in Form D.T. No. 2 and shall state briefly the grounds upon which the application is based and, where facts are alleged, such facts shall be verified by affidavit.
Application for an extension of time in which to appeal affidavits to be filed. Copies of such affidavits shall be served on the Registrar of Designs and on the appellant or the respondent, as the case may be, immediately after the affidavits are filed.
5. (1) The registrar of the High Court shall, after obtaining directions from the High Court, give to the Registrar of Designs, to the appellant and to any opposing party not less than fourteen days' notice of the time and place appointed for the hearing of the appeal, unless the president of the Tribunal directs that shorter notice shall be given.
Notice of hearing
Evidence
Attendance of witnesses
Security on appeal
9. (1) An appellant may at any time abandon his appeal by giving notice of abandonment in Form D.T. No. 3 to the registrar of the High Court and, upon such notice being given, the appeal shall be deemed to have been dismissed by the High Court.
10. If it appears to the High Court that any notice of appeal against a decision of the Registrar of Designs discloses grounds of appeal which are frivolous or vexatious and that the appeal can be determined without a hearing, the High Court may dismiss the appeal summarily without calling on any person to attend the hearing of such appeal.
PART III
Abandonment or failure to prosecute appeal
Frivolous or vexatious appeals 11. (1) Any reference to the High Court under section twenty-one by a party to a dispute (hereinafter referred to as "the claimant") shall be made in Form D.T. No. 4 and shall be filed with the Registrar of Designs.
12. An application for the rectification of the register under section twenty-four shall be made to the Tribunal in Form D.T. No. 5 and a copy thereof shall be served on the Registrar of Designs and on any other person appearing from the register to be interested in the design.
Dispute as to State use
Rectification of register
13. (1) When the registrar of the Tribunal has received from the Hearing of Registrar of Designs the papers or written proceedings in relation to any applications
application or other matter made to the High Court under the provisions of the Act, he shall, after taking directions from the High Court, appoint a time and place for the hearing of the case, and shall give the parties at least fourteen days' notice of the appointment.
(2) After hearing the party or parties desiring to be heard or, if none of the parties desires to be heard, then without a hearing, the High Court shall decide the case and notify its decision to the parties.
14. (1) All evidence shall be by affidavit unless otherwise directed by the High Court.
(2) Whenever a time is specified in this Part within which any act or thing is to be done, the Registrar of Designs may, on application made to him in writing, extend the time either before or after its expiration or within any extended period.
15. If the applicant notifies the High Court that he does not desire to proceed with an application, the High Court in deciding whether costs should be awarded to the other party shall consider whether proceedings might have been avoided if such other party had given reasonable notice to the applicant before the application to the High Court was filed.
PART IV
Evidence by affidavit
Costs
Registrar of Tribunal to be Taxing Officer
Necessary and proper costs to be allowed necessary or proper for the attainment of justice or for defending the rights of any party, but, save as against the party who incurred the same, no costs shall be allowed which appear to the Taxing Officer to have been incurred or increased through over-caution, negligence or mistake, or by payment of a special fee to counsel, unless the High Court otherwise orders, or special charges and expenses to witnesses or other persons or by other unusual expenses.
Scale of fees to be followed
Witnesses' charges and allowances witness shall be tendered to such witness upon service of the subpoena, failing which no subpoena shall issue. If upon service of the subpoena all expenses due to such witness have not been paid the subpoena shall have no force and effect.
20. (1) In all cases where a notice of taxation is necessary, seven days' notice together with a copy of the bill of costs shall be given by the legal practitioner on behalf of the party whose costs are to be taxed to the other party or to the legal practitioner of such other party.
Taxation of costs
PART V
(2) One or more of the parties may, not later than fourteen days before the date approved for the hearing, apply to the High Court to conduct the hearing at some other place in Zambia. The High Court may, in its Review of decision of Taxing Officer
Reference to president of Tribunal in chambers
Adjournment of proceedings
Place of hearing
discretion and subject to such conditions as to notice and costs as it | |
thinks fit, conduct the hearing at the place named in the application. | |
(3) Where an application under sub-rule (2) is not made by all the | |
parties to the proceedings, the High Court shall not decide the | |
application without giving the parties an opportunity to be heard. | |
25. The forms set out in the First Schedule shall be used in all cases to | Prescribed |
which they are applicable and may be modified as directed by the High | forms |
Court. | |
26. The High Court fees prescribed in Part I of the Second Schedule | Prescribed fees |
shall be paid to the Registrar of Designs at the Office. | |
27. (1) Upon receipt of any document chargeable with any fee payable | Endorsement of |
in terms of these Rules, the Registrar of Designs shall endorse upon the | fee on |
original of such document the amount of the fee paid and the date of | document |
payment. | chargeable |
(2) The Registrar of Designs shall refuse to accept any document in | |
respect of which a fee is payable under these Rules, unless the | |
appropriate fee accompanies such document. | |
28. The form of oath to be taken by assessors appointed under section | Oath to be taken |
thirty-seven shall be as follows: | by assessors |
appointed under | |
section 37 | |
I, ............................................................. hereby declare that I will to the | |
best of my ability faithfully and diligently discharge any duties as | |
assessor without favour, fear or prejudice. | |
29. The remuneration of any assessor appointed under section | Remuneration |
thirty-seven shall be as prescribed in Part III of the Second Schedule. | of assessors |
Form D.T. No. 1 Sections 35 and 39 Rule 3 (1) THE REGISTERED DESIGNS ACT Fee units: 8 NOTICE OF APPEAL TO THE TRIBUNAL
IN THE MATTER of an application (1) (1) State nature of application or proceedings, the name of the
and applicant(s) and the number of the application for registration of design
IN THE MATTER of an opposition by (2) (2) State the name of the opponent(s) if the application is opposed
I/We (3) (3) State full name
of and address of appellant(s) hereby give notice of appeal to the Tribunal from (4)
of the Registrar of Designs, dated the
day of , 19 ............... whereby he
(5)
Dated this day of .........................................., 19 .............
(6)
My/Our address for service in Zambia:
The Registrar of the Patents Tribunal, Lusaka, Zambia.
Form D.T. No. 2 Section 39 Rule 4 (1) THE REGISTERED DESIGNS ACT Fee units: 8
APPLICATION FOR AN EXTENSION OF TIME IN WHICH TO APPEAL
IN THE MATTER of an application (1) (1) State nature of application or proceedings, the name of the applicants
(s) and the number of the application for registration of design
and
IN THE MATTER of an opposition by (2) (2) State the name of the opponent(s) if the application is opposed
I/We (3) (3) State the full
of name and address of
hereby make application for an order of the Tribunal extending the time in which to appeal appellant(s)
from (4) (4) Here insert "the decision" of the Registrar of Designs on the following grounds (5)
Dated this day of ..........................................., 19 ..............
(6)
The Registrar of the Patents Tribunal, Lusaka, Zambia.
or "that part of the decision", as the case may be
Form D.T. No. 3 Rule 9 (1) THE REGISTERED DESIGNS ACT Fee units: 12
NOTICE OF ABANDONMENT OF APPEAL
IN THE MATTER of an application (1) (1) State nature of application or proceedings, the name of the applicant(s) and the number of the application for registration of design
and
IN THE MATTER of an opposition by (2) (2) State the name of
you are hereby notified that the above-named appellant(s) hereby abandon(s) all further the
proceedings in the above matter. opponent(s)
Dated this day of ..........................................., 19 .............
if the application is opposed
(3) (3) To be signed by the
The Registrar of the Patents Tribunal,
appellant(s) Lusaka,
or his/theirZambia.
legal practitioner
Form D.T. No. 4 Section 21 Rule 11 (1) THE REGISTERED DESIGNS ACT Fee units: 12 | |
---|---|
REFERENCE TO THE TRIBUNAL UNDER SECTION 21 OF THE ACT | |
IN THE MATTER of a reference by (1) | (1) State the name of claimant(s) and nature of matter in dispute |
against | |
(2) | (2) State name of other party to dispute |
I/We (3) | (3) State full name and address of claimant(s) |
hereby refer for the determination of the Tribunal my/our claim against (4) The following are the grounds on which I/we base my/our claim: | (4) State full name of respondent |
(5) | (5) Here state briefly the nature of the grounds |
Dated this day of .........................................., 19 .............
(6) (6) To be signed by the
My/Our address for service in Zambia: claimant(s) or his/their legal practitioner
The Registrar, The Designs Office, Lusaka, Zambia.
NOTE-The claim must be accompanied by an affidavit verifying the facts and stating fully the nature of the interest in the matter in dispute and the relief sought.
Form D.T. No. 5 Section 24 Rule 12 THE REGISTERED DESIGNS ACT Fee units: 4
APPLICATION FOR RECTIFICATION OF REGISTER OF DESIGNS
I/We (1)
hereby apply in respect of Design No. that the register
may be rectified in the following manner (2)
The grounds upon which I/we base this application are as follows:
My/Our address for service in Zambia:
The Registrar, The Designs Office, Lusaka, Zambia.
(As amended by Act No. 13 of 1994)
PRESCRIBED FEES
TRIBUNAL FEES
ITEM MATTER AMOUNT FEE UNITS
The first copy for each folio of 100 words or part thereof . . . . 3
Additional copies for each folio of 100 words or part thereof . . 1
PART II
SUBSISTENCE AND TRAVELLING ALLOWANCES PAYABLE TO WITNESSES
Witnesses attending the High Court shall be paid subsistence and travelling allowances at the rates prescribed in Part III of the First Schedule to the Supreme Court Rules.
PART III
REMUNERATION OF ASSESSORS
An assessor shall be remunerated at the rate of K2.10 per hour or part thereof, but his remuneration shall not exceed K10.50 per day, unless the Minister, with the approval of the Minister responsible for finance, otherwise directs. An assessor shall in addition be paid a travelling allowance at the rates prescribed in Part III of the First Schedule to the Supreme Court Rules.
PART IV
LEGAL PRACTITIONERS' FEES
Legal practitioners' fees in any appeal, application, opposition or other matter heard before the High Court shall be in accordance with the tariff of fees prescribed in Part II of the Second Schedule to the Supreme Court Rules, save as hereinafter provided-
Persual of any necessary documents- | Fee units | |||||||
---|---|---|---|---|---|---|---|---|
For the first 10 folios-per folio | . . | . . | . . | 4 | ||||
For each subsequent folio | . . | . . | . . | . . | 2 | |||
(As amended by Act No. 13 of 1994) |