- REGISTERED DESIGNS CHAPTER 696 OF THE LAWS OF ZAMBIA
- Table of Contents
- PART I PRELIMINARY
- PART II ADMINISTRATION
- PART III REGISTRABLE DESIGNS AND PROCEEDINGS FOR REGISTRATION
- PART IV EFFECT OF REGISTRATION, ETC.
- PART V USE OF REGISTERED DESIGNS FOR SERVICES OF THE STATE
- PART VI ASSIGNMENTS, CORRECTIONS AND CANCELLATION
- PART VII FUNCTIONS OF REGISTRAR IN RELATION TO CERTAIN EVIDENCE, DOCUMENTS AND POWERS
- Evidence of certain entries and documents
- Inspection of registered Designs
- Information as to existence of copyright
- Certificate of registration
- Copies of certificates of registration
- Exercise of discretionary powers of Registrar
- Proceedings before Registrar
- Power of Registrar to award costs
- Power of Registrar to fix time and place of sitting, etc.
- PART VIII APPEALS AND LEGAL PROCEEDINGS
- Patents Tribunal to hear appeals
- Right of audience
- Assessors
- Rules
- Time for appeals
- References to Tribunal by Registrar
- Certifioationof validity
- Infringement action to be heard in High Court
- Remedy for groundless threats of infringement proceedings
- Security for costs and taxation of costs
- Costs of Registrar
- Appeals to High Court
- PART IX OFFENCES AND PENALTIES
- PART X MISCELLANEOUS
- PART Xl APPLICATION AND TRANSITIONAL PROVISIONS
CAP. 696
REPUBLIC OF ZAMBIA
REGISTERED DESIGNS CHAPTER 696 OF THE LAWS OF ZAMBIA
PRINTED AND PUBLISHED BY THE OOVERNniENT PRINTER
LUSAKA
I'A1:'1' I
I'll 1,:1.1 ~II NA uv
Sec:t-i,rJl/
I. Shol't title
~. 111 torpretatiou
PAlt'J' II
AllM.lNIH'I'ItA'I'ION - Esta.blialunent of Designs Office
- Appointment of officers
- [j.
- Seal
- U.
- Register of designs
PART IIJ
l{,J~GIS'mABLg D]~SIGNS AND PltOOI'lJ~DINGS FOR l{,EGISTRATION - Design» registrable under Act
- Proprietorship of designs
- Proceedings for registration
]O. Registration of same design in respect of other articles, etc.
11. Provisions for secrecy of certain designs
]2. Provisions as to confidential disclosure, etc.
13. Convention arrangements
PAHT IV
EFFEm' O:F I{,EGISTnA'I'lON, E'l'C. - Right given by registration
- Period of copyright
- Exemption of innocent infringer from liability for damages
- Compulsory licence in respect of registered design
PART V
USE OF REGISTERED DESIGNS FOR SERVICES OF THE STATE
Section - Use of registered designs for services of the State
- Rights of third parties in respect of State use
- Special provisions as to State use during emergency
- Reference of disputes as to State use
PART VI
ASSIGNl\iENTS. CORRECTIONS AND CANCELLATION
- Registration of assignments, etc.
- Power of Registrar to authorise corrections
- Rectification of register
- Cancellation of registration
PART VII
FUNCTIONS OF REGISTRAR IN RELATION TO CERTAIN
EVIDENCE, DOCUMENTS AND POWERS
- Evidence of certain entries and documents
- Inspection of registered designs
- Information as to existence of copyright
- Certificate of registration
- Copies of certificates of registration
- Exercise of discretionary powers of Registrar
- Proceedings before Registrar
- Power of Registrar to award costs
- Power of Registrar to fix time and place of sitting, etc.
PART VIII
APPEALS AND LEGAL PROCEEDINGS
- Patents Tribunal to hear appeals
- Right of audience
- Assessors
- Rules
- Time for appeals
- References to Tribunal by Registrar
- Certification of validity
- Infringement action to be heard in High Court
CAP. 69(,! Regi8te1'l~d I)(~S 1:111/ S
-------_. ----..•._----. --_._-
4-:1. Remedy for groundloHH thl'(IILtH or illl'l'ingonH1nt proo(\odingH
44. Nonlll'if;y for nOHtH and LI1XIL{;iol\ of nOHtH
41i. COHtH of' l{,ogiHtl'I1I'
41i. ApIH\ldH to High Court;
PAn,'I' IX
OFll'ICNCl~8 ANI> PICNAL'I'UI,H
47. Fulsiflcublon of entries in register 4H. Penalty for falsely representing a design as registered - Deceiving or influencing the Registrar or an officer
- Witness giving false evidence
- Penalties
PAR,]' X
MISCELLANEOUS - Recognition of agents
- Lodging and authentication of documents
- Provisions as to fees
- Oaths and affirmations
- Journal
- Savings
- Regulations
PART XI
ApPLICATION AND TRANSITIONAL PROVISIONS - Application of Act and transitional provisions
- Savings
~egistered l)esig~ [CAP. 696
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 - This Act may be cited as the Registered Designs Act.
- (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
REPUBLIC OF ZAMBIA
REGISTERED DESIGNS CHAPTER 696 OF THE LAWS OF ZAMBIA
PRINTED AND PUBLISHED BY THE OOVERNniENT PRINTER
LUSAKA
I'A1:'1' I
I'll 1,:1.1 ~II NA uv
Sec:t-i,rJl/
I. Shol't title
~. 111 torpretatiou
PAlt'J' II
AllM.lNIH'I'ItA'I'ION - Esta.blialunent of Designs Office
- Appointment of officers
- [j.
- Seal
- U.
- Register of designs
PART IIJ
l{,J~GIS'mABLg D]~SIGNS AND PltOOI'lJ~DINGS FOR l{,EGISTRATION - Design» registrable under Act
- Proprietorship of designs
- Proceedings for registration
]O. Registration of same design in respect of other articles, etc.
11. Provisions for secrecy of certain designs
]2. Provisions as to confidential disclosure, etc.
13. Convention arrangements
PAHT IV
EFFEm' O:F I{,EGISTnA'I'lON, E'l'C. - Right given by registration
- Period of copyright
- Exemption of innocent infringer from liability for damages
- Compulsory licence in respect of registered design
PART V
USE OF REGISTERED DESIGNS FOR SERVICES OF THE STATE
Section - Use of registered designs for services of the State
- Rights of third parties in respect of State use
- Special provisions as to State use during emergency
- Reference of disputes as to State use
PART VI
ASSIGNl\iENTS. CORRECTIONS AND CANCELLATION
- Registration of assignments, etc.
- Power of Registrar to authorise corrections
- Rectification of register
- Cancellation of registration
PART VII
FUNCTIONS OF REGISTRAR IN RELATION TO CERTAIN
EVIDENCE, DOCUMENTS AND POWERS
- Evidence of certain entries and documents
- Inspection of registered designs
- Information as to existence of copyright
- Certificate of registration
- Copies of certificates of registration
- Exercise of discretionary powers of Registrar
- Proceedings before Registrar
- Power of Registrar to award costs
- Power of Registrar to fix time and place of sitting, etc.
PART VIII
APPEALS AND LEGAL PROCEEDINGS
- Patents Tribunal to hear appeals
- Right of audience
- Assessors
- Rules
- Time for appeals
- References to Tribunal by Registrar
- Certification of validity
- Infringement action to be heard in High Court
CAP. 69(,! Regi8te1'l~d I)(~S 1:111/ S
-------_. ----..•._----. --_._-
4-:1. Remedy for groundloHH thl'(IILtH or illl'l'ingonH1nt proo(\odingH
44. Nonlll'if;y for nOHtH and LI1XIL{;iol\ of nOHtH
41i. COHtH of' l{,ogiHtl'I1I'
41i. ApIH\ldH to High Court;
PAn,'I' IX
OFll'ICNCl~8 ANI> PICNAL'I'UI,H
47. Fulsiflcublon of entries in register 4H. Penalty for falsely representing a design as registered - Deceiving or influencing the Registrar or an officer
- Witness giving false evidence
- Penalties
PAR,]' X
MISCELLANEOUS - Recognition of agents
- Lodging and authentication of documents
- Provisions as to fees
- Oaths and affirmations
- Journal
- Savings
- Regulations
PART XI
ApPLICATION AND TRANSITIONAL PROVISIONS - Application of Act and transitional provisions
- Savings
~egistered l)esig~ [CAP. 696
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 - This Act may be cited as the Registered Designs Act.
- (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
PRINTED AND PUBLISHED BY THE OOVERNniENT PRINTER I'A1:'1' I
I'll 1,:1.1 ~II NA uv
Sec:t-i,rJl/
I. Shol't title PAlt'J' II
AllM.lNIH'I'ItA'I'ION PART IIJ
l{,J~GIS'mABLg D]~SIGNS AND PltOOI'lJ~DINGS FOR l{,EGISTRATION ]O. Registration of same design in respect of other articles, etc.
11. Provisions for secrecy of certain designs 13. Convention arrangements
PAHT IV
EFFEm' O:F I{,EGISTnA'I'lON, E'l'C. PART V
USE OF REGISTERED DESIGNS FOR SERVICES OF THE STATE
Section PART VI PART VII
FUNCTIONS OF REGISTRAR IN RELATION TO CERTAIN PART VIII CAP. 69(,! Regi8te1'l~d I)(~S 1:111/ S
-------_. ----..•._----. --_._-
4-:1. Remedy for groundloHH thl'(IILtH or illl'l'ingonH1nt proo(\odingH
44. Nonlll'if;y for nOHtH and LI1XIL{;iol\ of nOHtH
41i. COHtH of' l{,ogiHtl'I1I'
41i. ApIH\ldH to High Court;
PAn,'I' IX
OFll'ICNCl~8 ANI> PICNAL'I'UI,H
47. Fulsiflcublon of entries in register 4H. Penalty for falsely representing a design as registered PAR,]' X
MISCELLANEOUS PART XI
ApPLICATION AND TRANSITIONAL PROVISIONS ~egistered l)esig~ [CAP. 696
REGISTERED DESIGNS
[1st December, 1958]
PART I
PRELIMINARY " 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: " assignee" means " 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
LUSAKA
~. 111 torpretatiou
]2. Provisions as to confidential disclosure, etc.
ASSIGNl\iENTS. CORRECTIONS AND CANCELLATION
EVIDENCE, DOCUMENTS AND POWERS
APPEALS AND LEGAL PROCEEDINGS
CHAPTER 696
An Act to make provision relating to the registration of designs and for other purposes incidental thereto.