INDUSTRIAL DESIGNS ACT: INDEX TO SUBSIDIARY LEGISLATION
Designs Office (Establishment) Order
Registered Designs Regulations
Registered Designs (High Court) Rules
Registered Designs (Appeals) Rules
DESIGNS OFFICE (ESTABLISHMENT) ORDER
[Section 3]
Arrangement of Paragraphs
Paragraph
1. Title
2. Establishment of designs office
SI 327 of 1968.
[Order by the Minister]
This Order may be cited as the Designs Office (Establishment) Order.
2. Establishment of designs office
The designs office is hereby established at the place described in the Schedule.
SCHEDULE
[Paragraph 2]
That part of the building known as ” House”, Cairo Road, Lusaka, set apart for the designs office.
REGISTERED DESIGNS REGULATIONS
[Sections 7 and 58]
Arrangement of Regulations
Regulation
PART I
PRELIMINARY
1. Title
2. Interpretation
PART II
APPLICATION FOR REGISTRATION OF DESIGNS
3. Form of application
4. Endorsement as to novelty
5. Application for registration under section 10
6. Representations or specimens to be furnished with application
7. Preparation of representations
8. In certain cases representations to be furnished in place of specimens
9. Portraits, armorial bearings, etc.
10. Designs excluded from registration under section 7(3)
11. Convention applications
PART III
PROCEDURE ON RECEIPT OF APPLICATION FOR REGISTRATION OF A DESIGN AND EXTENSION OF PERIOD OF COPYRIGHT
12. Registrar’s objections
13. Decision of Registrar
14. Procedure on appeal from decision of Registrar
15. Certificate of registration
16. Non-completion
17. Death of applicant
18. Extension of period of copyright
PART IV
ASSIGNMENTS AND COMPULSORY LICENCES
19. Application for registration of title under section 22
20. Copies of documents
21. Particulars to be stated in application
22. Application for compulsory licence
23. Opposition
24. Hearing
PART V
REGISTER OF DESIGNS
25. Alteration of entries in register
26. Correction of errors
27. Cancellation of registration
28. Costs
29. Searches
30. Certified copies of entries, etc.
31. Copy of certificate of registration
32. Designs not open to public inspection
PART VI
MISCELLANEOUS
33. Prescribed fees
34. Prescribed forms
35. Size, etc., of documents
36. Address for service
37. Method and proof of service
38. Lodging of documents
39. Power of Registrar to fix time and place of proceedings
40. Agency
41. Signature of documents
42. Amendment of documents
43. Power of Registrar to waive requirements
44. Extension of time
45. Excluded days
46. Days and hours of business
47. Copy of application to High Court to be served on Registrar
48. Order of the Supreme Court to the High Court
49. Publication of order of court or tribunal
Act 13 of 1994,
GN 273 of 1958,
GN 58 of 1960,
GN 497 of 1964,
SI 40 of 1981,
SI 7 of 1984,
SI 145 of 1990,
SI 55 of 1995,
SI 83 of 2012.
[Regulations by the Minister]
PART I
PRELIMINARY
These Regulations may be cited as the Registered Designs Regulations.
In these Regulations, unless the context otherwise requires—
“agent” means an agent duly authorised to the satisfaction of the Registrar;
“office” means the designs office;
“section” means a section of the Act;
“specimen” means an article with the design applied to it;
“textile article” means textile piece goods, handkerchiefs and shawls, and includes such other classes of articles of a similar character as the Registrar may from time to time decide.
PART II
APPLICATION FOR REGISTRATION OF DESIGNS
(1) An application for the registration of a design shall be signed by the applicant or his agent. The application shall be in Form No. 1 or No. 2 or, in the case of a design to be applied to a set of articles, in Form No. 3 or No. 4, as the case may be.
(2) Where it is desired to register the same design in respect of more than one article, a separate application shall be made in respect of each article. In that case each application shall be numbered separately and shall be treated as a separate and distinct application.
(3) Every application shall state the article to which the design is to be applied and that the applicant claims to be the proprietor thereof.
(4) Except in the case of an application to register a design to be applied to a textile article, to wallpaper or to lace, the application shall further be accompanied by a statement of the features of the design for which novelty is claimed.
The applicant shall, if required by the Registrar in any case so to do, endorse on each of the representations or specimens a statement satisfactory to the Registrar of the novelty claimed for the design.
5. Application for registration under section 10
If the application is for the registration of a design which has already been registered in respect of one or more articles, or consists of a registered design with modifications or variations not sufficient to alter the character or substantially to affect the identity thereof, and it is desired to claim the protection of section 10 for such application, it shall contain the number or numbers of the registration or registrations already effected.
6. Representations or specimens to be furnished with application
(1) There shall be furnished in connection with an application to register a design four identical representations of the design, in a form satisfactory to the Registrar, or four specimens. Where representations are supplied, the Registrar may at any time before registration require specimens or additional representations.
(2) There shall be furnished in connection with an application for the registration of a design to be applied to a set of articles four identical representations of the design, in a form satisfactory to the Registrar, or four specimens.
(3) The representations of the design to be applied to a set of articles shall show the design as applied to each different article included in the set.
7. Preparation of representations
(1) Each representation of the design, whether to be applied to a single article or to a set of articles, shall be upon paper of the size prescribed by regulation 35 and not on cardboard and shall appear on one side only of the paper. The figure or figures shall be placed in an upright position on the sheet. When more figures than one are shown, these shall where possible be on one and the same sheet, and each shall be designated perspective view, front view, side view, plan or otherwise, as the case may be.
(2) When the representations furnished are drawings or tracings, they shall be in ink, and if on tracing cloth or tracing paper shall be mounted on paper of the size prescribed by regulation 35.
(3) Where words, letters or numerals appear in the design but are not of the essence of the design, they shall be removed from the representations or specimens; where they are of the essence of the design, the Registrar may require the insertion of a disclaimer of any right to their exclusive use.
(4) Each representation of a design which consists of a repeating surface pattern shall show the complete pattern and a sufficient portion of the repeat in length and width, and shall not be of less size than 7 inches by 5 inches.
8. In certain cases representations to be furnished in place of specimens
When specimens are furnished and are not, in the Registrar’s opinion, of a kind which can be conveniently mounted in a flat position by means of an adhesive upon paper, or by stitching on linen-backed sheets of paper of the size prescribed by regulation 35 and stored without damage to other documents, representations shall be furnished in place of specimens.
9. Portraits, armorial bearings, etc.
(1) Where a portrait of He the President or Her Britannic Majesty or of any member of the British Royal Family, or a reproduction of the armorial bearings, insignia, orders of chivalry, decorations or flags of any country, city, borough, town, place, society, body corporate, institution or person appears on a design, the Registrar, before proceeding to register the design, shall, if he so requires, be furnished with a consent to the registration and use of such portrait or reproduction from such official or other person as appears to the Registrar to be entitled to give consent, and in default of such consent he may refuse to register the design.
(2) Where the name or portrait of a living person appears on a design, the Registrar shall be furnished, if he so requires, with consent from such person before proceeding to register the design. In the case of a person recently dead, the Registrar may call for consent from his legal representative before proceeding with the registration of a design on which the name or portrait of the deceased person appears.
10. Designs excluded from registration under section 7(3)
There shall be excluded from registration under the Act designs to be applied to any of the following articles, namely—
(a) works of sculpture other than casts or models used or intended to be used as models or patterns to be multiplied by any industrial process;
(b) wall plaques and medals; and
(c) printed matter primarily of a literary or artistic character, including bookjackets, calendars, certificates, coupons, dressmaking patterns, greetings cards, leaflets, maps, plans, postcards, stamps, trade advertisements, trade forms, and cards, transfers and the like.
(1) An application for registration under section 13 shall contain a declaration that the application in a convention country upon which the applicant relies is the first application made in a convention country in respect of the design, whether by the applicant or by any person of whom he claims to be the legal representative or assignee, and shall specify the convention country in which such foreign application was made, or is to be deemed under sub-section (3) of section 13 to have been made, and the official date thereof.
(2) In addition to the representations or specimens lodged with every convention application, there shall be lodged with the application or within three months thereafter a copy of the representation of the design filed or deposited in respect of the first application in a convention country, duly certified by the official chief or head of the designs office of the convention country, or otherwise verified to the satisfaction of the Registrar.
(3) If any certificate or other document relating to the application is in a foreign language, it shall be accompanied by a translation thereof in the English language verified to the satisfaction of the Registrar.
(4) Save as provided by the provisions of this regulation, all proceedings in connection with a convention application shall be taken within the times and in the manner prescribed by these Regulations.
PART III
PROCEDURE ON RECEIPT OF APPLICATION FOR REGISTRATION OF A DESIGN AND EXTENSION OF PERIOD OF COPYRIGHT
If the Registrar objects to an application for the registration of a design, he shall inform the applicant of his objections in writing and, unless within two months the applicant applies for a hearing or makes a considered reply in writing to those objections, he shall be deemed to have withdrawn his application.
If the applicant applies for a hearing, the decision of the Registrar at such hearing shall be communicated to the applicant in writing.
14. Procedure on appeal from decision of Registrar
If the applicant desires to appeal from the Registrar’s decision, he shall within one month from the date of the decision apply to the Registrar in Form No. 5, requesting him to state in writing the grounds of, and the materials used by him in arriving at, his decision. Upon receipt of such application, the Registrar shall send to the applicant such statement as aforesaid in writing, and the date when such statement is sent shall be deemed to be the date of the Registrar’s decision for the purpose of an appeal.
15. Certificate of registration
The certificate of registration of a design shall be in Form No. 6, No. 7, No. 8 or No. 9, whichever is applicable, and may be modified as directed by the Registrar.
The time prescribed for the purposes of sub-section (4) of section 9, which relates to non-completion of an application, shall be 12 months from the date of the application:
Provided that the application may be completed at any time after 12 months but within 15 months of the date aforesaid, if a request for an extension of time is made in Form No. 10 bearing the prescribed fee.
In case of the death of any applicant for the registration of a design after the date of his application, and before registration of the design has been effected, the Registrar may, on being satisfied of the applicant’s death, enter in the register, in place of the name, address and nationality of such deceased applicant, the name, address and nationality of the person owning the design on such ownership being proved to the satisfaction of the Registrar.
18. Extension of period of copyright
(1) An application for extension of the period of copyright for a second period of five years shall be made in Form No. 11, and an application for extension of the period of copyright for a third period of five years shall be made in Form No. 12.
(2) An application for extension of the period of copyright in a design registered by virtue of section 10 shall be made before the expiration of the period of copyright in the original registered design current at the date of lodging the application under section 10.
(3) Where an application is made for registration of a design by virtue of section 10 and the period of copyright in the original registered design, current at the date of lodging the said application, expires before the completion of that application, registration shall not be effected until the copyright in the original registered design has been extended for a further period and an application has been lodged for the extension of the period of copyright in the design to be registered.
(4) A request for an enlargement of time for payment of any fee payable for an extension of the period of copyright shall be made in Form No. 13.
PART IV
ASSIGNMENTS AND COMPULSORY LICENCES
19. Application for registration of title under section 22
(1) An application for the registration of the title of any person becoming entitled by assignment, transmission or operation of law to a registered design or to a share in a registered design, or becoming entitled as mortgagee, licensee or otherwise to any interest in a registered design, shall be made—
(a) in the case of an application under sub-section (1) of section 22 by the person becoming so entitled in Form No. 14; and
(b) in the case of an application under sub-section (2) of section 22 by the assignor, mortgagor, licensor or other party conferring the interest in Form No. 15.
(2) Application may be made in Form No. 16 for entry in the register of notification of any other document purporting to affect the proprietorship of a registered design.
(1) A copy of any document which is referred to in an application under regulation 19, duly certified to the satisfaction of the Registrar, shall be produced to the Registrar with the application.
(2) Unless the Registrar otherwise directs, the original of any other document so referred to shall be produced to him with the application, and a certified copy of any such document shall be lodged therewith, and such original document shall be returned to the person who produced it.
21. Particulars to be stated in application
(1) An application under regulation 19(1) shall contain the name, address and nationality of the person claiming or stated to be entitled together with full particulars of the instrument, if any, under which title is claimed or given.
(2) Where the name of a person is entered in the register as mortgagee or licensee, such person may, on making an application for the purpose in Form No. 17, have a note entered in the register that he no longer claims to be mortgagee or licensee, as the case may be.
22. Application for compulsory licence
An application for the grant of a compulsory licence under section 17 shall be made in Form No. 18. Such application shall be in duplicate and accompanied by a statement in duplicate setting out fully the nature of the applicant’s interest and the facts upon which he bases his case. Copies of the application and the statement of case shall be transmitted by the Registrar to the registered proprietor.
(1) If the registered proprietor desires to oppose the application he shall, within such time as the Registrar may allow, file a statement fully setting out the grounds on which the application is to be opposed and shall deliver to the applicant a copy thereof.
(2) The applicant shall, within such time as the Registrar may allow, file evidence in support of his case and shall deliver to the registered proprietor a copy thereof.
(3) Within such time as the Registrar may allow, the proprietor may file evidence in answer and shall deliver to the applicant a copy thereof; and within such time as the Registrar may allow, the applicant may file evidence confined to matters strictly in reply and shall deliver to the proprietor a copy thereof.
(4) No further evidence shall be filed by either party except by leave or on direction of the Registrar.
(5) If any person fails to file in terms of this regulation any statement or evidence within the time allowed by the Registrar for the purpose, he shall be deemed to have abandoned his right to file such statement or evidence.
(1) On completion of the evidence, or at such other time as he may see fit, the Registrar shall appoint a time for the hearing of the case and shall give the parties at least 14 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 Registrar shall decide the matter and notify his decision to the parties.
PART V
REGISTER OF DESIGNS
25. Alteration of entries in register
(1) A request by the registered proprietor of a design for the alteration of a name, nationality, address or address for service entered in the register in respect of his design shall be made in Form No. 19 or No. 20, as the case may be.
(2) Before acting on a request to alter a name or nationality, the Registrar may require such proof of the alteration as he may think fit.
(3) If the Registrar is satisfied that the request may be allowed, he shall cause the register to be altered accordingly.
Where an applicant for registration or the registered proprietor of a design desires, under the provisions of section 23, to correct an error, he shall make the application in Form No. 21.
27. Cancellation of registration
(1) Where the registered proprietor of a design desires to cancel his registration under sub-section (1) of section 25, he shall make application in Form No. 22.
(2) An application for the cancellation of the registration of a design under sub-section (2) of section 25 shall be made in Form No. 23, and shall be accompanied by a copy thereof and a statement in duplicate setting out fully the nature of the applicant’s interest and the facts on which he relies. A copy of the application shall be sent by the Registrar to the registered proprietor and thereupon the provisions of regulations 23 and 24 shall apply.
In the event of an application for the grant of a compulsory licence or for the cancellation of the registration of a design being uncontested by the proprietor, the Registrar, in deciding whether costs should be awarded to the applicant, shall consider whether proceedings might have been avoided if reasonable notice had been given by the applicant to the registered proprietor before the application was lodged.
(1) Where any person desires to obtain the information which he is entitled to obtain under section 28 and can furnish the registration number of the design, he shall apply in Form No. 24 and the Registrar shall thereafter furnish him with the information aforesaid.
(2) Where the applicant is unable to furnish the registration number of a design, he shall apply in Form No. 25 and furnish in duplicate to the Registrar a representation or specimen of the design applied to an article and the Registrar shall thereupon make such search among designs applied to such articles as may be possible, and shall furnish such information as can properly be given.
(3) The Registrar shall, upon application for the purpose made in Form No. 26, accompanied in duplicate by a representation or specimen of a design applied to an article, cause a search to be made among registered designs and state whether the design as applied to that article appears to be identical with, or closely to resemble, any registered design applied to such article of which the copyright is still existing.
30. Certified copies of entries, etc.
Copies of any entry in the register, or copies of, or extracts from, designs, representations, specimens and other public documents in the Office, or of or from registers and other records kept there, certified by the Registrar, may be furnished by the Registrar upon receipt of a request therefor in Form No. 27 from any person who, if the Registrar thinks fit so to require, can show an interest in the entry, matter or thing to his satisfaction. The Registrar shall not be obliged to include in the certificate a copy of any representation or specimen, unless he is furnished by the applicant with a copy thereof suitable for the purpose.
31. Copy of certificate of registration
An application under section 30 for a copy of a certificate of registration shall be made in Form No. 28 and shall be accompanied by evidence setting out fully and verifying the circumstances in which the original certificate of registration was lost or destroyed or cannot be produced.
32. Designs not open to public inspection
(1) Where the Registrar has given a direction under sub-section (2) of section 11 prohibiting or restricting the publication of a design, the representation or specimen of the design shall not be open to public inspection while such direction remains in force.
(2) The period under sub-section (2) of section 27 during which a design shall not be open to inspection, except as provided in that section, shall be, as regards designs to be applied to textile articles, three years and as regards designs to be applied to wallpaper and lace, two years from the date of the registration thereof.
PART VI
MISCELLANEOUS
The fees to be paid in respect of the registration of designs and applications therefor, and in respect of other matters relating to designs arising under the Act, shall be those prescribed in the First Schedule.
The forms set out in the Second Schedule shall be used in all cases to which they are applicable and may be modified as directed by the Registrar.
Subject to any directions that may be given by the Registrar, all applications, notices, statements, papers having representations affixed, or other documents authorised or required by the Act to be made, left or sent at or to the Office, shall be written, typewritten, lithographed or printed in the English language upon strong paper, in dark, indelible ink and, except where otherwise required, on one side only, of a size approximately 13 inches by 8 inches, and shall have on the left-hand part thereof a margin of not less than 1-1/2 inches.
Every person concerned in any proceedings to which these Regulations relate, and every registered proprietor, shall furnish to the Registrar an address for service in Zambia and that address may be treated for all purposes connected with such proceedings or design as the address of the person concerned in the proceedings or the registered proprietor.
37. Method and proof of service
(1) Where any notice, application or other document is required to be served on any person under the provisions of the Act, such service may be effected by the delivery of a copy thereof—
(a) at the address for service furnished to the Registrar in terms of these Regulations; or
(b) to such person personally, or to his duly authorised agent; or
(c) at his residence or place of business or employment, to some responsible person there residing or employed.
(2) Service effected by any person in accordance with the provisions of this regulation shall be proved by a certificate made in Form No. 29 and such certificate shall be filed with the Registrar.
Any notice, application or other document sent to the Office by post shall not be deemed to have been given, made or lodged until it is actually received in the Office.
39. Power of Registrar to fix time and place of proceedings
The Registrar may in any proceedings 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.
(1) Any application, request or notice which is required or permitted by the Act or these Regulations to be made or given to the Registrar, and all other communications between an applicant or a person making such request or giving such notice and the Registrar, and between the registered proprietor of a design and the Registrar or any other person, may be signed, made or given by or through an agent.
(2) Any such applicant, person making request or giving notice, or proprietor may appoint an agent to act for him in any proceedings or matter before or affecting the Registrar under the Act and these Regulations by signing and sending to the Registrar an authority to that effect in Form No. 30 or in such other written form as the Registrar may deem sufficient. In case of such appointment, service upon the agent of any document relating to the proceedings or matter shall be deemed to be service upon the person so appointing him, all communications directed to be made to such person in respect of the proceedings or matter may be addressed to such agent, and all attendances upon the Registrar relating thereto may be made by or through such agent. In any particular case the Registrar may require the personal signature or presence of an applicant, opponent, proprietor or other person.
(3) The Registrar shall not be bound to recognise as such agent any person—
(a) who has been proved to him to have been guilty of conduct discreditable to an agent; or
(b) who has been convicted of a criminal offence and sentenced to imprisonment without the option of a fine; or
(c) who has been suspended from practice as a legal practitioner or whose name has been struck off the roll of legal practitioners; or
(d) who has been adjudged guilty of conduct discreditable to a patent agent; or
(e) who has been suspended from practice as a patent agent, or whose name has been erased from the register of patent agents kept under the provisions of the Patents Act, and not subsequently restored.
(1) A document purporting to be signed for or on behalf of a partnership shall contain the names of all the partners in full and may be signed by a partner or by any other person who satisfies the Registrar that he is authorised to sign the document.
(2) A document purporting to be signed for or on behalf of a body corporate shall be signed by a director or by the secretary or other principal officer of the body corporate, or by any other person who satisfies the Registrar that he is authorised to sign the document.
Any document lodged in any proceedings before the Registrar may, if the Registrar thinks fit, be amended, and any irregularity in procedure may be rectified on such terms as he may direct.
43. Power of Registrar to waive requirements
(1) Where, under these Regulations, any person is required to do any act or thing, or any document or evidence is required to be produced or lodged, the Registrar may, upon the production of such evidence and subject to such terms and conditions as he may think fit, modify or dispense with the doing of the act or thing or the production or lodging of the document or evidence if he is satisfied that it is reasonable so to do.
(2) The Registrar may allow an application for a design, although not in accordance with these Regulations, to be left on such terms and conditions as he may think fit. In any such case the Registrar shall require the applicant to comply with these Regulations within the time specified by him. Until the prescribed requirements are complied with, no further action shall be taken by the Registrar in respect of the application.
(1) If in any particular case the Registrar is satisfied that the circumstances are such as to justify an extension of the time for doing any act or taking any proceedings under these Regulations, not being a time expressly provided in the Act or prescribed by regulation 11(2), he may extend the time upon such notice to other parties, and proceedings thereon, and upon such terms as he may direct, and the extension may be granted though the time has expired for doing the act or taking the proceeding.
(2) At any stage of any proceedings before the Registrar, he may direct that such documents, information or evidence as he may require shall be lodged, and may fix the period for the lodging thereof.
Whenever the last day fixed by these Regulations for doing any act or thing at the Office shall fall on a day when the Office is not open, such day shall be an excluded day for the purpose of these Regulations, and it shall be lawful to do the act or thing on the first day following such excluded day which is not an excluded day.
46. Days and hours of business
The office shall be open to the public and the register shall be open to inspection on payment of the fee specified in the First Schedule every weekday, except Saturday, between the hours of nine and one, and two and half-past three; except on public holidays.
47. Copy of application to High Court to be served on Registrar
A copy of every application made to the High Court under the Act shall be served on the Registrar.
48. Order of the Supreme Court to the High Court
(1) Where an order relating to a design has been made by High Court or Supreme Court the person in whose favour such order has been made shall forthwith file at the Office a certified copy of such order together with an application in Form No. 31.
(2) The specimen or representation of a design shall thereupon be amended or the register rectified or the purport of such order shall otherwise be duly entered in the register, as the case may be.
49. Publication of order of court or tribunal
Whenever an order is made by the High Court or by the Supreme Court under the Act, the Registrar may, if he thinks fit that the order should be made public, require the applicant or the order should be made public, require the applicant or the appellant, as the case may be, to publish it in the Patent Journal.
[Am by GN 58 of 1960.]
FIRST SCHEDULE
[Regulation 33]
TARIFF OF FEES
|
Item Matter or proceeding |
Amount payable by local firm, corporation and individual |
Amount payable by foreign firm, corporation and individual |
Corresponding Designs Form No. |
|
Fee Units |
Fee Units |
|
|
|
1. (a) Application to register one design to be applied to a single article— |
|
|
|
|
(i) not being textile articles; |
833 |
3333 |
1 or 2 |
|
(ii) if made of lace |
833 |
3333 |
1 or 2 |
|
(b) Application to register one design to be applied to a set of articles— |
|
|
|
|
(i) not being textile articles |
833 |
3333 |
3 or 4 |
|
(ii) if made of lace |
833 |
3333 |
3 or 4 |
|
(c) Application to register one design to be applied to a textile article. |
278 |
2333 |
1 or 2 |
|
2. Application to Registrar to state grounds for decision and materials used under regulation 14. |
833 |
3667 |
5 |
|
3. Request for extension of time within which an application for registration of a design may be completed, where the extension requested— |
|
|
|
|
(i) does not exceed one month |
111 |
333 |
10 |
|
(ii) exceeds one month but does not exceed two months; |
222 |
500 |
10 |
|
(iii) exceeds two months. |
167 |
667 |
10 |
|
4. Application for extension of copyright under section 15(2)— |
|
|
|
|
(i) for the second period of five years |
556 |
3333 |
11 or 12 |
|
(ii) for the third period of five years |
694 |
5000 |
11 or 12 |
|
5. Request for enlargement of time for payment of fee for extension of copyright, where the enlargement— |
|
|
|
|
(i) does not exceed one month |
111 |
333 |
13 |
|
(ii) exceeds one month but does not exceed two months |
222 |
500 |
13 |
|
(iii) exceeds two months |
167 |
667 |
13 |
|
6. Request to enter subsequent proprietorship, etc., under regulation 19— |
|
|
|
|
(i) if made within six months from date of acquisition of proprietorship, etc., in respect of one design |
556 |
1667 |
14 or 15 |
|
(ii) if made after six months but within twelve months from date of acquisition of proprietorship, etc., in respect of one design |
444 |
1167 |
14 or 15 |
|
(iii) if made after expiration of twelve months from date of acquisition of proprietorship, etc., in respect of one design. |
333 |
1000 |
14 or 15 |
|
AND on application covering more than one design, for each additional design similarly acquired. |
111 |
500 |
14 or 15 |
|
7. Application for entry of notification of document in the Register— |
|
|
|
|
(i) if made within six months from date of document, in respect of one design |
556 |
1667 |
16 |
|
(ii) if made after six months but within twelve months from date of document, in respect of one design |
444 |
1167 |
16 |
|
(iii) if made after expiration of twelve months from date of document, in respect of one design |
333 |
1000 |
16 |
|
AND on application covering more than one design, for each additional design referred to in the same document as first design. |
111 |
500 |
16 |
|
8. Application by mortgagee, licensee or other person for entry that he no longer claims an interest, in respect of one design |
278 |
667 |
17 |
|
AND for each additional design referred to in the application |
56 |
333 |
17 |
|
9. Application for compulsory licence under section 17 |
556 |
1667 |
18 |
|
10. Application to enter change of name or nationality of registered proprietor in the Register, in respect of one design |
222 |
667 |
19 |
|
AND for each additional design referred to in the application |
111 |
500 |
19 |
|
11. Application for alteration of address for service in the Register, in respect of one design |
167 |
667 |
20 |
|
AND for each additional design referred to in the application |
111 |
500 |
20 |
|
12. Application under section 23 to correct error |
278 |
1000 |
21 |
|
13. Application by proprietor for cancellation under section 25(1) |
111 |
333 |
22 |
|
14. Application for cancellation of registration under section 25(2) |
111 |
333 |
23 |
|
15. Application for search under section 28 when the registration number is supplied |
167 |
1333 |
24 |
|
16. Application for search under section 28 when the registration number is not supplied |
167 |
1333 |
25 |
|
17. Application for search under regulation 29(3) |
111 |
667 |
26 |
|
18. Application for certified copy of entries, etc., under regulation 30 |
278 |
2000 |
27 |
|
19. Application for copy of certificate of registration under regulation 31 |
278 |
2000 |
28 |
|
20. Every authorisation of an agent or Power of Attorney |
278 |
2000 |
30 |
|
21. Application for entry of court or tribunal order. |
278 |
2000 |
31 |
|
22. General search of records or file thereof |
111 |
1167 |
|
|
23. Certifying office copies, MSS. (i.e. manuscripts), or photographic or printed matter- |
|
|
|
|
(i) under seal |
250 |
1167 |
|
|
(ii) other |
167 |
833 |
|
|
24. Typewritten copy of any textual document. |
111 |
333 |
|
|
25. Photographic copy of any document or drawing, per sheet. |
111 |
1167 |
|
|
26. Printout of a record |
167 |
1167 |
|
|
27. Photographic, copy of any, document of the Agency open to the public under the Act, per A4 sheet. |
111 |
1333 |
[First Sch subs by reg 2 of SI 83 of 2012.]
SECOND SCHEDULE
[Regulation 34]
PRESCRIBED FORMS
|
Form |
Matter |
Corresponding Fee Item No. |
|
1. |
Application for registration of design (non-convention) 1(a) or (c) . . . . |
|
|
2. |
Application under section 13 of the Act for registration of design (convention) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
1 (a) or (c) |
|
3. |
Application for registration of design to be applied to a set of articles (non-convention) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
1 (b) |
|
4. |
Application under section 13 of the Act for registration of design to be applied to a set of articles (convention) . . . . . . . . . . . . . . . . |
1 (b) |
|
5. |
Application for statement of grounds of decision under regulation 14 . . |
2 |
|
6. |
Certificate of registration of design . . . . . . . . . . . . . . . . . . . . |
— |
|
7. |
Certificate of registration of design . . . . . . . . . . . . . . . . . . . . |
— |
|
8. |
Certificate of registration of design . . . . . . . . . . . . . . . . . . . . |
— |
|
9. |
Certificate of registration of design . . . . . . . . . . . . . . . . . . . . |
— |
|
10. |
Request for extension of time within which an application for the registration of a design may be completed . . . . . . . . . . . . . . . . |
3 |
|
11. |
Application for extension of copyright in design for a second period of five years . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
4 |
|
12. |
Application for extension of copyright in design for a third period of five years . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
4 |
|
13. |
Request for enlargement of time for payment of fee for extension of copyright in design . . . . . . . . . . . . . . . . . . . . . . . . |
5 |
|
14. |
Application under regulation 19 by assignee, mortgagee or licensee to enter subsequent proprietorship or interest in design in the register . . |
6 |
|
15. |
Application under regulation 19 by assignor, mortgagor, licensor, etc., to enter subsequent proprietorship or interest in design in the register . . |
6 |
|
16. |
Application for entry of notification of document in register . . . . . . . . |
7 |
|
17. |
Application by mortgagee or licensee under regulation 21(2) for entry in register of note that he no longer claims such interest . . . . . . . . |
8 |
|
18. |
Application for the grant of a compulsory licence under section 17 of the Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
9 |
|
19. |
Application to enter alteration of name or nationality of registered proprietor of design in register . . . . . . . . . . . . . . . . . . . . |
10 |
|
20. |
Application for alteration of address or address for service in register . . |
11 |
|
21. |
Request under section 23 of the Act for correction of error . . . . . . . . |
12 |
|
22. |
Application by registered proprietor of design to cancel registration . . . . |
13 |
|
23. |
Application for cancellation of registration under section 25(2) of the Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
14 |
|
24. |
Request for information under section 28 of the Act when registration number is supplied . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
15 |
|
25. |
Request for search under section 28 of the Act when registration number is not supplied . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
16 |
|
26. |
Request for search under regulation 29(3) . . . . . . . . . . . . . . . . |
17 |
|
27. |
Request for general certificate of the Registrar (including certificate of registration of a design) . . . . . . . . . . . . . . . . . . . . . . . . . . |
18 |
|
28. |
Application for copy of certificate of registration of design . . . . . . . . |
19 |
|
29. |
Certificate of service . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
— |
|
30. |
Form of authorisation of agent . . . . . . . . . . . . . . . . . . . . . . . . |
20 |
|
31. |
Application for entry of order of court or tribunal . . . . . . . . . . . . |
21 |
Republic of Zambia
Designs Form No. 1
[Section 9]
[Regulation 3]
The Registered Designs Act
Fee: 1 (a) or (c)
APPLICATION FOR REGISTRATION OF DESIGN (NON-CONVENTION)
Application is hereby made for registration of the accompanying design in the name of
|
(1)……………………………………………………………………………………………. |
(1) State full name and address of applicant(s) |
|
of………………………………………………………………………………………………. |
(2) Here state the article to which the design is to be applied as shown in the representations |
|
(3) The design has been previously registered for one or more other articles under |
(3) and (4) Delete one or both paragraphs, if inapplicable |
|
(4) The design consists of the design previously registered under No. |
|
|
with modifications or variations not sufficient to alter the character or substantially to affect the identity thereof. |
|
|
Dated this day of ……………………………………, 19 …………… |
|
|
(5)……………………………………………………. |
(5) To be signed by the applicant(s) or his/their agent |
|
My/Our address for service in Zambia |
|
|
……………………………………………………………………………………………. |
|
|
The Registrar, |
NOTE— Four identical representations or specimens of the design should accompany this form, and, except in the case of an application in respect of a design to be applied to a textile article, to wallpaper or to lace, it should further be accompanied by a statement of the features of the design for which novelty is claimed.
Republic of Zambia
Designs Form No. 2
Sections 9 and 13
[Regulations 3 and 11]
The Registered Designs Act
Fee: 1 (a) or (c)
APPLICATION UNDER SECTION 13 OF THE ACT FOR REGISTRATION OF DESIGN (CONVENTION)
|
Application is hereby made for the registration of the accompanying design in the name of (1) |
(1) State full name and address of applicant(s) |
|
of being a national/nationals of |
|
|
who claim(s) to be the proprietor(s) thereof (2) |
(2) If the applicant is not the person whom made the application in the convention country, the words “by virtue of” followed by particulars of the instrument under which he claims, should be inserted |
|
The design is to be applied to a (3) |
(3) Here state the article to which the design is to be applied as shown in the representations |
|
(4) The design has been previously registered for one or more other articles under |
(4) and (5) Delete one or both paragraphs, if inapplicable |
|
No…………………………………………………. |
|
|
(5) The design consists of the design previously registered under No. |
|
|
with modifications or variations not sufficient to alter the character or substantially to affect the identity thereof. |
|
|
Application for protection of the design has been made in the following country |
|
|
(6) on the following official date (7) numbered (8) such application was the first application made in a convention country in respect of the relevant design, whether by the applicant(s) or by any person of whom he/they claim(s) to be the legal representative(s) or assignee(s), and the applicant(s) in the above mentioned country qualify/qualifies under (9) article 2/3 of the convention by reason of being (9) a national(s) of/domiciled in/having a place of business in a member state, namely— |
(6) Here insert the name of the convention country in which the first application was made |
|
(7) Here insert the official date of the first application in a convention country |
|
|
(8) Here insert official number of first application in convention country |
|
|
This application is made on the ground that I/we qualify under the said (9) article 2/3 by reason of being (9) a national(s) of/domiciled in/having a place of business in a member state, namely— |
(9) Delete whichever does not apply |
|
and that to the best of my/our knowledge and belief there is no lawful ground of objection to the registration of the design and that I/we request that the design may be registered as |
|
|
of the date (7) |
|
|
Dated this day of ……………………………………, 19 …………… |
|
|
(10) My/Our address for service in Zambia: |
(10) To be signed by the applicant(s) or his/their agent |
The Registrar,
The Designs Office,
Lusaka,
Zambia.
NOTE: Four identical representations or specimens of the design should accompany this form, and, except in the case of an application in respect of a design to be applied to a textile article, to wallpaper or to lace, it should further be accompanied by a statement of the features of the design for which novelty is claimed.
REPUBLIC OF ZAMBIA
Designs Form No. 3
[Section 9]
[Regulation 3]
The Registered Designs Act
Fee: 1 (b)
APPLICATION FOR REGISTRATION OF DESIGN TO BE APPLIED TO A SET OF ARTICLES (NON-CONVENTION)
|
Application is hereby made for registration of the accompanying design for a set of articles in the name of (1) |
(1) State full names and addresses of applicant(s) |
|
The design is to be applied to (2) |
(2) Here state the set of articles, and also the trade description of each of the articles comprised in the set to which the design is to be applied as shown in the representations |
|
(3) The design has been previously registered for one or more other articles under No. ………………………………………. |
(3) and (4) Delete one or both paragraphs, if inapplicable |
|
(4) The design consists of the design previously registered under No. |
|
|
with modifications of variations not sufficient to alter the character or substantially to affect the identity thereof. |
|
|
Dated this day of ……………………………………, 19 …………… |
|
|
(5) |
(5) To be signed by the applicant(s) or his/their agent |
The Registrar,
The Designs Office,
Lusaka,
Zambia.
NOTE: Four identical representations or specimens of the design should accompany this form, and, except in the case of an application in respect of a design to be applied to a textile article, to wallpaper or to lace, it should further be accompanied by a statement of the features of the design for which novelty is claimed.
Republic of Zambia
Designs Form No. 4
[Sections 9 and 13]
[Regulations 3 and 11]
The Registered Designs Act
Fee: 1 (b)
APPLICATION UNDER SECTION 13 OF THE ACT FOR REGISTRATION OF DESIGN TO BE APPLIED TO A SET OF ARTICLES (CONVENTION)
|
Application is hereby made for the registration of the accompanying design in the name of (1) |
(1) State full name and address of applicant(s) |
|
who claim(s) to be the proprietor(s) thereof (2) |
(2) If the applicant is not the person who made the application in the |
|
|
convention country, the words “by virtue of,“ followed by particulars of the instrument under which he claims, should be inserted here |
|
The design is to be applied to a (3) |
(3) Here state the set of articles, and also the trade description of each of the articles comprised in the set, to which the design is to be applied as shown in the representations |
|
(4) The design has been previously registered for one or more other articles under |
(4) and (5) Delete one or both paragraphs, if inapplicable |
|
No. ………………………………….. |
|
|
(5) The design consists of the design previously registered under No. |
|
|
with modifications or variations not sufficient to alter the character or substantially to affect the identity thereof. |
|
|
Application for protection of the design has been made in the following country |
|
|
(6) |
(6) Here insert the name of the convention country in which the first application was made |
|
on the following official date (7) |
(7) Here insert the official date of the first application in a convention country |
|
numbered (8) Such application was the first application made in a convention country in respect of the relevant design, whether by the applicant(s) or by any person of whom he/they claim(s) to be the legal representative(s) or assignee(s), and the applicant(s) in the above mentioned country qualify/qualifies under (9) article 2/3 of the convention by reason of being (9) a national(s) of/domiciled in/having a place of business in a member state, namely |
(8) Here insert official number of first application in convention country |
|
This application is made on the ground that I/we qualify under the said (9) article 2/3 by reason of being |
(9) Delete whichever does not apply |
|
(9) a national(s) of/domiciled in/having a place of business in a member state, namely and that to the best of my/our knowledge and belief there is no lawful ground of objection to the registration of the design and that I/we request that the design may be registered as of the date (7) |
|
|
Dated this day of ……………………………………, 19 …………… |
|
|
(10) |
(10) To be signed by the applicant(s) or his/their agent |
My/Our address for service in Zambia:
The Registrar,
The Designs Office, Lusaka,
Zambia.
NOTE: Four identical representations or specimens of the design should accompanying this form, and, except in the case of an application in respect of a design to be applied to a textile article, to wallpaper or to lace, it should further be accompanied by a statement of the features of the design for which novelty is claimed.
Republic of Zambia
Designs Form No. 5
[Section 9]
[Regulation 14]
The Registered Designs Act
Fee unit: 1
APPLICATION FOR STATEMENT OF GROUNDS OF DECISION UNDER REGULATION 14
Application for Design No. …………………………………………..
Application is hereby made under regulation 14 of the Registered Designs Regulations
for a statement in writing of the grounds of the decision dated the……………………………………………..
day of ………………………………………………………………, 19…………. after the hearing on the ………………………… day of ………………………………., 19…………. and the materials used in arriving at such decision.
Dated this ……………….. day of …………………………………., 19………..
|
(1) ………………………………………………………. |
|
|
My/Our address for service in Zambia: |
|
|
………………………………………………………………………………………………. |
|
|
The Registrar, |
(1) To be signed by the applicant(s) or his/their agent |
Republic of Zambia
Designs Form No. 6
[Regulation 15]
The Registered Designs Act
CERTIFICATE OF REGISTRATION OF DESIGN
Number of Registration………………………………………..
This is to certify that, in pursuance of and subject to the provisions of the Registered Designs Act, the design, of which a representation is annexed, has been registered in the name of…………………………………………………………………………………………………………………………………… ……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..as of the……………………………………….. day of ……………………………………….., 19 …………, in respect of the application of such design to …………………………………………………………………………………………………………………………………………………………
Sealed at my direction, this ………………………………………. day of ………………………………..,19 ………….
……………………………………
Registrar
The Designs Office,
Lusaka,
Zambia.
NOTE: Subject to the provisions of the Act, copyright in this design will subsist for five years from the first above-mentioned date, and may be extended for two further periods, each of five years.
Republic of Zambia
Designs Form No. 7
[Regulation 15]
The Registered Designs Act
CERTIFICATE OF REGISTRATION OF DESIGN
Number of Registration………………………………..
This is to certify that, in pursuance of and subject to the provisions of the Registered Designs Act, the design, of which a representation is annexed, has been registered in the name of………………………………………………………………………………………………………………….as of the …………………………………………………………………………………………………………………day of ……………………………………………., 19 ………….., in respect of the application of such design to ……………………………………………………………………………………………………………….
The period of copyright conferred by the registration of this design does not extend beyond the expiration of the original and any extended period of copyright in registered design no ……………………………………………………………………………………………………………..
Sealed at my direction, this ………………….. day of ………………………….., 19……….
……………………………….
Registrar
The Designs Office,
Lusaka,
Zambia.
NOTE: Copyright in this design will normally expire on the but may, on application made in the prescribed manner, be extended for two further periods, each of five years, provided that the period of copyright in design No. be similarly extended.
Republic of Zambia
Designs Form No. 8
[Regulation 15]
The Registered Designs Act
CERTIFICATE OF REGISTRATION OF DESIGN
Number of Registration………………………………..
This is to certify that, in pursuance of and subject to the provisions of the Registered Designs Act, the design, of which a representation is annexed, has been registered in the name of ………………………………………………………………………………………………………………………………….. …………………………………………………………………………………………………………………………………………………………………….. as of the ………………. day of ……………………………, 19…………., being the date on which application was made for protection of the design in a convention country, viz ……………………………………………………………………………………………………………………… in respect of the application of such design to ……………………………………………………………………………………………………………………………………..
Sealed at my direction, this ……………….. day of …………………………..,19……….
……………………………………..
Registrar
The Designs Office,
Lusaka,
Zambia.
NOTE: Subject to the provisions of the Act, copyright in this design will subsist for five years from the first above-mentioned date, and may be extended for two further periods, each of five years.
Republic of Zambia
Designs Form No. 9
[Regulation 15]
The Registered Designs Act
CERTIFICATE OF REGISTRATION OF DESIGN
Number of Registration
This is to certify that, in pursuance of and subject to the provisions of the Registered Designs Act, the design, of which a representation is annexed, has been registered in the name of ………………………………………………………..
……………………………………………………………………………………………………………………………………. as of the ……………………… day of ……………………………………., 19 …………..being the date on which application was made for protection of the design in a convention country, viz. …………………………………………………………………………………………………………………………………………………………………….. in respect of the application of such design to …………………………………………………………………………………………………………………………………………………………
The period of copyright conferred by the registration of this design does not extend beyond the expiration of the original and any extended period of copyright in registered design no. ……………………………………………
Sealed at my direction, this ……………….. day of …………………………….., 19………
……………………………….
Registrar
The Designs Office,
Lusaka,
Zambia.
NOTE— Copyright in this design will normally expire on the , but may, on application made in the prescribed manner, be extended for two further periods, each of five years, provided that the period of copyright in design no. be similarly extended.
Republic of Zambia
Designs Form No. 10
[Section 9(4)]
[Regulation 16]
The Registered Designs Act
Fee: 3
REQUEST FOR EXTENSION OF TIME WITHIN WHICH AN APPLICATION
FOR THE REGISTRATION OF A DESIGN MAY BE COMPLETED
I/We hereby apply for ……………………………………………………………., month’s extension of time within which the application No. …………………………………………………… for the registration of a design may be completed.
Dated this …………………………………………………… day of …………………………………., 19 ………..
|
(1)……………………………………………. |
(1) State name and full address to which receipt is to be sent |
The Registrar,
The Designs Office,
Lusaka,
Zambia.
Republic of Zambia
Designs Form No. 11
[Section 15(2)]
[Regulation 18]
The Registered Designs Act
Fee unit: 1
APPLICATION FOR EXTENSION OF COPYRIGHT IN DESIGN
FOR A SECOND PERIOD OF FIVE YEARS
I/We hereby apply for the extension of the period of copyright in design No. ………………………………………………………………………….. for a second period of five years.
Dated this ……………………………………………. day of ………………………………….., 19 ……………
|
(1)…………………………………………. |
(1) State name and full address to which certificate is to be sent |
The Registrar,
The Designs Office,
Lusaka,
Zambia.
(This part of the form to be filled in at the Designs Office)
CERTIFICATE OF EXTENSION OF COPYRIGHT IN DESIGN FOR
THE SECOND PERIOD OF FIVE YEARS
This is to certify that …………………………………………………………………………………………………………did on the ………………………………………………….. day of ………………………………………., 19 …………
make application and pay the prescribed fee for the extension of copyright in design No. ……………………………………………. and that the copyright is hereby extended for a second period of five years until the …………………………………………………………………. day of
…………………………………………… 19 ………..
Sealed at my direction, this ……………………………………………. day of …………………………………,
19 ……………
……………………………………………..
Registrar
The Designs Office,
Lusaka,
Zambia.
Republic of Zambia
Designs Form No. 12
[Section 15(2)]
[Regulation 18]
The Registered Designs Act
Fee unit: 1
APPLICATION FOR EXTENSION OF COPYRIGHT IN DESIGN
FOR A THIRD PERIOD OF FIVE YEARS
I/We hereby apply for the extension of the period of copyright in design No. …………………………………………….for a third period of five years.
Dated this ……………………………………………. day of ………………………………….., 19 …………..
|
(1) ………………………………………… |
(1) State name and full address to which certificate is to be sent |
|
The Registrar, |
(This part of the form to be filled in at the Designs Office)
CERTIFICATE OF EXTENSION OF COPYRIGHT IN DESIGN FOR THE THIRD PERIOD OF FIVE YEARS
This is to certify that ………………………………………………………………………………………………….
did on the ………………………………………….. day of ……………………………………….., 19……….,
make application and pay the prescribed fee for the extension of copyright in design
No. ………………………………………………………………and that the copyright is hereby extended for a third period of five years until the day of ………………………………………………, 19…………..
Sealed at my direction, this ………………………… day of ……………………………….., 19………..
……………………………….
Registrar
The Designs Office,
Lusaka,
Zambia.
Republic Of Zambia
Designs Form No. 13
[Section 15(2)]
[Regulation 18(4)]
The Registered Designs Act
Fee:
REQUEST FOR ENLARGEMENT OF TIME FOR PAYMENT OF
FEE FOR EXTENSION OF COPYRIGHT IN DESIGN
I/We hereby request ………………………………………………………… months’ enlargement of time within which payment of the fee of K………………………………………………….. for the extension of the copyright in design No. ………………………………………………………………………. may be made.
Dated this …………………….. day of ……………………………….., 19………..
|
(1)……………………………………………….. |
(1) State name and full address to which receipt is to be sent |
The Registrar,
The Designs Office,
Lusaka,
Zambia.
Republic of Zambia
Designs Form No. 14
[Section 22(1)]
[Regulation 19(1)(a)]
The Registered Designs Act
Fee:
APPLICATION UNDER REGULATION 19 BY ASSIGNEE, MORTGAGEE OR LICENSEE
TO ENTER SUBSEQUENT PROPRIETORSHIP OR INTEREST IN DESIGN IN THE REGISTER
|
I/We (1) …………………………………………………………………………………………. |
(1) State full name and address |
|
hereby request that you will enter my/our name(s) in the register as proprietor(s)/ mortgagee(s)/licensee(s) of the design no. …………………………. |
|
|
I am/We are entitled to the said design (or to a share or an interest in the said design) in |
|
|
pursuance of (2) ………………………………………………………………………….. |
(2) Insert full particulars of the instrument, if any |
|
(3) …………………………………………………………. |
(3) To be signed by the applicant(s) or his/their agent |
|
My/Our address for service in Zambia: |
|
|
…………………………………………………………………………………………………………………….. |
The Registrar,
The Designs Office,
Lusaka,
Zambia.
NOTE: The instrument under which the applicant claims should accompany this form.
Republic of Zambia
Designs Form No. 15
[Section 22(2)]
[Regulation 19(1)(b)]
The Registered Designs Act
Fee unit: 1
APPLICATION UNDER REGULATION 19 BY ASSIGNOR, MORTGAGOR, LICENSOR, ETC,
TO ENTER SUBSEQUENT PROPRIETORSHIP OR INTEREST IN DESIGN IN THE REGISTER
|
I/We (1) …………………………………………………………………………………………………………… |
(1) State full name and address |
|
hereby request that you will enter the name(s) of (2)………………………………… |
|
|
in the register as subsequent proprietor(s)/mortgagee(s)/licensee(s) of the design No ………………………………………………………… |
(2) Here insert name, address and nationality of assignee, etc |
|
He is/They are entitled to the said design (or to a share or interest in the said design) by |
|
|
virtue of (3)…………………………………………………………………………….. |
(3) Insert full particulars of the instrument, if any |
|
The address for service in Zambia of the subsequent proprietor, mortgagee or licensee, |
|
|
etc, is (4)…………………………………………………………………………………. |
(4) Here insert the address for service in Zambia of the subsequent proprietor, mortgagee, licensee, etc |
|
Dated this ………………… day of ………………………………………, 19 ………….. |
|
|
(5)………………………………… |
(5) To be signed by the applicant(s) or his/their agents |
|
The Registrar, |
Republic of Zambia
Designs Form No. 16
[Section 6 or 22]
[Regulation 19(2)]
The Registered Designs Act
Fee unit: 1
APPLICATION FOR ENTRY OF NOTIFICATION OF DOCUMENT IN REGISTER
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I/We transmit herewith an attested copy of (1)……………………………………. |
(1) Here insert a description of the nature of the document, giving its date and the names and address of the parties thereto |
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relative to design No……………………… as well as the original document for verification, and I/we apply that a notification thereof may be entered in the register. Dated this ……………… day of ……………………………………, 19 ……………. |
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(2)………………………………………. |
(2) Signature |
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(3)…………………………………………. |
(3) Here insert full address of the party benefiting under the document |
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The Registrar, |
Republic of Zambia
Designs Form No. 17
[Section 22]
[Regulation 21(2)]
The Registered Designs Act
Fee unit: 1
APPLICATION BY MORTGAGEE OR LICENSEE UNDER REGULATION 21(2) FOR
ENTRY IN REGISTER OF NOTE THAT HE NO LONGER CLAIMS SUCH INTEREST
Design No. ………………………………….
Name of registered proprietor ……………………………………………………………………………………………………………………………………………………………………………………………………
Place of business ……………………………………………………………………………………………………………………………………………………………………………………………………
I/We, the undersigned, …………………………………………………………………………………………………of……………………………………………………………
apply for entry in the register that I/we no longer claim to be mortgagee(s) or licensee(s) in respect of design No. ………………………………….
Dated this ……………… day of …………………………………, 19………
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(1)…………………………………………………… |
(1) To be signed by the applicant(s) or his/their agent |
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The Registrar, |
Republic of Zambia
Designs Form No. 18
[Section 17]
[Regulation 22]
The Registered Designs Act
Fee unit: 1
APPLICATION FOR THE GRANT OF A COMPULSORY LICENCE UNDER
SECTION 17 OF THE ACT
Design No………………………………………………..
I/We……………………………………………………………………………………………….of……………………………………………………………………………………………………………………………….hereby apply for the grant of a compulsory licence in respect of design No. ………………………………………………. 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.
Dated this ……………….. day of …………………………………., 19……..
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(1)………………………………………………………… |
(1) To be signed by the applicant(s) or his/their agent |
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My/Our address for service in Zambia: |
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…………………………………………………………………………………………. |
The Registrar,
The Designs Office,
Lusaka,
Zambia.
NOTE: The application must be accompanied by a copy thereof and a statement of case in duplicate.
Republic of Zambia
Designs Form No. 19
[Section 6]
[Regulation 25]
The Registered Designs Act
Fee: 10
APPLICATION TO ENTER ALTERATION OF NAME OR NATIONALITY OF
REGISTERED PROPRIETOR OF DESIGN IN REGISTER
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I/We …………………………………………………………………………………………………….. |
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……………………………………………………………………………………………………………. |
(1) Here insert particulars of alteration |
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There has been no change in the actual proprietorship of the said design. |
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Dated this ………………………………………………… day of …………………………………….., 19 ………….. |
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My/Our address for service in Zambia: |
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…………………………………………………………………………………………………………………….. |
The Registrar,
The Designs Office,
Lusaka,
Zambia.
Republic of Zambia
Designs Form No. 20
[Section 6]
[Regulation 25]
The Registered Designs Act
Fee: 11
APPLICATION FOR ALTERATION OF ADDRESS OR ADDRESS FOR SERVICE IN REGISTER
Design no………………………….
I/We………………………………………………………………………………………………………………………………
……………………………………………………………………………………………………………………………………..
of………………………………………………………………………………………………………………………………….
……………………………………………………………………………………………………………………………………..
the registered proprietor(s) of the design numbered as above apply that my/our address or
my/our address for service in the register may be altered to ……………………………………………….
Dated this ………………. day of …………………………..,19………
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………………………………………………………………. |
(1) To be signed by the applicant(s) or his/their agent |
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The Registrar, |
Republic of Zambia
Designs Form No. 21
[Section 23]
[Regulation 26]
The Registered Designs Act
Fee unit: 1
REQUEST UNDER SECTION 23 OF THE ACT FOR CORRECTION OF ERROR
I/We hereby request that the following error ………………………………………………………………………………………………………………………………….
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in the (1)………………………………………………………………………………………. |
(1) Here state whether in application, representation or entry in register |
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(2)……………………………………………………………………………………………….. |
(2) Here state what correction should be made |
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(3)………………………………………………… |
(3) To be signed by the applicant(s) or his/their agent |
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My/Our address for service in Zambia: |
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…………………………………………………………………………………………………………………………….. |
The Registrar,
The Designs Office,
Lusaka,
Zambia.
Republic of Zambia
Designs Form No. 22
[Section 25(1)]
[Regulation 27(1)]
The Registered Designs Act
Fee unit: 1
APPLICATION BY REGISTERED PROPRIETOR OF DESIGN TO CANCEL REGISTRATION
Design No. ………………………………………………
Name of registered proprietor………………………………………………………………………………………………… Address………………………………………….. …………………………………………………………………………………………………………………………………………………………………………………………………….
I/We, the undersigned, ……………………………………………………………………………………………of………………………………………………………………….. ……………………………………………………………………………………apply that the registration of design No. …………………………………………… may be cancelled.
Dated this ……………. day of ……………………………………, 19…….
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(1)………………………………………………………….. |
(1) To be signed by the applicant(s) or his/their agent |
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The Registrar, |
Republic of Zambia
Designs Form No. 23
[Section 25(2)]
[Regulation 27(2)]
The Registered Designs Act
Fee Unit: 1
APPLICATION FOR CANCELLATION OF REGISTRATION UNDER
SECTION 25(2) OF THE ACT
Design No. ……………………………………………
I/We…………………………………………………………………………..of………………………………………………………………………………………………………………………………..hereby apply for cancellation of the registration of design no……………………………………………..
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on the ground that (1) ……………………………………………………………………………………………………………. |
(1) Here state ground(s) on which cancellation is requested |
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(2)……………………………………………………………………………… |
(2) To be signed by the applicant(s) or his/their agent |
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My/Our address for service in Zambia: |
The Registrar,
The Designs Office,
Lusaka,
Zambia.
NOTE: The application must be accompanied by a copy thereof and a statement of case in duplicate.
Republic of Zambia
Designs Form No. 24
[Section 28]
[Regulation 29(1)]
The Registered Designs Act
Fee unit: 1
REQUEST FOR INFORMATION UNDER SECTION 28 OF THE ACT WHEN REGISTRATION NUMBER IS SUPPLIED
I/We hereby request that I/we may be given such information as I/we may be entitled to under section 28 with respect to the design registered under No. …………………………………………..
Dated this ……………… day of …………………………, 19……..
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(1) …………………………………………………. |
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Address: ………………………………………………………. |
(1) To be signed by the applicant(s) or his/their agent |
The Registrar,
The Designs Office,
Lusaka,
Zambia.
Republic of Zambia
Designs Form No. 25
[Section 28]
[Regulation 29(2)]
The Registered Designs Act
Fee unit: 1
REQUEST FOR SEARCH UNDER SECTION 38 OF THE ACT WHEN REGISTRATION NUMBER IS NOT SUPPLIED
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I/We hereby request that a search may be made in respect of the design (a representation or specimen of which is annexed hereto in duplicate) applied to (1) ………………………………………………………………….. |
(1) Here insert name of article |
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and that I/we may be given such information as I/we may be entitled to under section 28. |
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Dated this ……………….. day of ……………………………, 19……. |
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(2) …………………………………………………. |
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Address: ………………………………………………………. |
(2) To be signed by the applicant(s) or his/their agent |
The Registrar,
The Designs Office,
Lusaka,
Zambia.
Republic of Zambia
Designs Form No. 26
[Section 28]
[Regulation 29(3)]
The Registered Designs Act
Fee unit: 1
REQUEST FOR SEARCH UNDER REGULATION 29(3)
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I/We hereby request that a search may be made and that I/we may be informed whether the design (a representation or specimen of which is annexed hereto in duplicate) to be |
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applied to (1) ………………………………………………………………………………….. |
(1) Here insert name of article |
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Dated this …………………… day of ……………………………………, 19………. |
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(2) …………………………………………………. |
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Address: ………………………………………………………. |
The Registrar,
The Designs Office,
Lusaka,
Zambia.
Republic Of Zambia
Designs Form No. 27
[Section 6(2)]
[Regulation 30]
The Registered Designs Act
Fee unit: 1
REQUEST FOR GENERAL CERTIFICATE OF THE REGISTRAR
Design No. ……………………………………….. registered in the name of ………………………………..
I/We………………………………………………………………………………………………………………………….
………………………………………………………………………………………………………………………………..
of……………………………………………………………………………………………………………………………..
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hereby request the Registrar to furnish me/us with (1) his certificate that (2) ……… |
(1) Delete words that are not applicable (2) Here set out the particulars which the Registrar is requested to certify |
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(3)………………………………………………… |
(3) To be signed by the applicant(s) or his/their agent |
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The Registrar, |
Republic of Zambia
Designs Form No. 28
[Section 30]
[Regulation 31]
The Registered Designs Act
Fee unit: 1
APPLICATION FOR COPY OF CERTIFICATE OF REGISTRATION OF DESIGN
I/We have to inform you that the Certificate of Registration of Design No……………………………
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………………………………………………………………….has been (1) …………. |
(1) Here state whether “lost” or “destroyed” or “cannot be produced,” as the case may be, and state in full the circumstances of the case which must be verified by affidavit |
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I/We therefore apply for the issue of a copy of such certificate (2) ………………… |
(2) Here state the interest possessed by applicant(s) in the design |
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(3) …………………………………………….. |
(3) To be signed by the applicant(s) or his/their agent |
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The Registrar, |
Republic of Zambia
Designs Form No. 29
[Regulation 37(2)]
The Registered Designs Act
CERTIFICATE OF SERVICE
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I/We (1)……………………………………………………………………………………… |
(1) State name and address |
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hereby certify that at (2)…………………………………………………………………. |
(2) State precisely where service was effected by |
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by (3)……………………………………………………………………………………….. |
(3) Here describe the method of service |
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(4)………………………………………………………………………………….. |
(4) To be signed by the person effecting service |
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The Registrar, |
Republic of Zambia
Designs Form No. 30
[Section 52]
[Regulation 40]
The Registered Designs Act
Fee unit: 1
FORM OF AUTHORISATION OF AGENT
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I/We (1)…………………………………………………………………………………….. |
(1) The full names of all the partners in a firm must be inserted, and the kind and country of incorporation of bodies corporate stated |
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have appointed (2)…………………………………………………………………………….. |
(2) Here insert name and address of agent |
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to act as my/our agent for (3)…………………………………………………….. |
(3) Here state the particular matter or proceeding for which the agent is appointed, giving the reference number, if known |
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and request that all notices, requisitions and communications relating thereto may be sent to such agent at the above address. |
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I/We hereby revoke all previous authorisations, if any, in respect of the same matter or proceeding. |
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Dated this ……………… day of …………………………………….., 19 …………. |
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(4)………………………………………………………………. |
(4) To be signed by person appointing the agent |
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(To be deleted if the person appointing the agent desires his own address to be treated as the address for service after registration.) |
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I/We also authorise the said (2) ………………………………………………………… to complete the entry of an address for service as part of any registration obtained under the above authorisation. |
(5) Here insert full trade or business address of the person appointing the agent |
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Dated this …………………. day of ………………………………………, 19 ……….. |
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(4) ………………………………………………………………. |
The Registrar,
The Designs Office,
Lusaka,
Zambia.
Republic of Zambia
Designs Form No. 31
[Regulation 48]
The Registered Designs Act
Fee unit: 1
APPLICATION FOR ENTRY OF ORDER OF COURT OR TRIBUNAL
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I/We (1)……………………………………………………………………………………… |
(1) State name and address of applicant(s) |
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in respect of registered design/design application no………………………………… |
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hereby transmit a certified copy of an order by the High Court for Zambia/by the tribunal |
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with reference to (2)…………………………………………………………………………. |
(2) Here state purport of the order |
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Dated this ……………………….. day of ………………………………., 19 …………. |
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(3)…………………………………………………………. |
(3) To be signed by the applicant(s) or this/their agent |
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My/Our address for service in Zambia: |
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………………………………………………………………………………………………….. |
The Registrar,
The Designs Office,
Lusaka,
Zambia.
[Am by Act 13 of 1994.]
REGISTERED DESIGNS (HIGH COURT) RULES
[Section 38]
Arrangement of Rules
Rule
PART I
PRELIMINARY
1. Title
2. Interpretation
PART II
APPEALS
3. Entry of appeal
4. Application for an extension of time in which to appeal
5. Notice of hearing
6. Evidence
7. Attendance of witnesses
8. Security on appeal
9. Abandonment or failure to prosecute appeal
10. Frivolous or vexatious appeals
PART III
APPLICATIONS
11. Dispute as to State use
12. Rectification of register
13. Hearing of applications
14. Evidence by affidavit
15. Costs
PART IV
TAXATION OF COSTS
16. Registrar of tribunal to be Taxing Officer
17. Necessary and proper costs to be allowed
18. Scale of fees to be followed
19. Witnesses’ charges and allowances
20. Taxation of costs
21. Review of decision of Taxing Officer
22. Reference to president of tribunal in chambers
PART V
GENERAL
23. Adjournment of proceedings
24. Place of hearing
25. Prescribed forms
26. Prescribed fees
27. Endorsement of fee on document chargeable
28. Oath to be taken by assessors appointed under section 37
29. Remuneration of assessors
Act 13 of 1994,
GN 274 of 1958,
GN 497 of 1964,
SI 55 of 1995.
[Rules by the Minister]
PART I
PRELIMINARY
These Rules may be cited as the Registered Designs (High Court) Rules.
In these Rules, unless the context otherwise requires—
“Office” means the Designs Office;
“section” means a section of the Act.
PART II
APPEALS
(1) Any person who desires to appeal to the High Court from a 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 DT no. 1.
(2) A notice of appeal shall state the nature of the decision appealed against and whether the appeal is from the whole or part only and, if so, what part of the decision, and shall be accompanied by a statement in writing of the appellant’s grounds of appeal.
(3) The appellant shall send a copy of the notice of appeal to the Registrar of Designs and to any person or persons who appeared or gave notice of opposition in the proceedings before the said Registrar.
(4) The appellant shall be responsible for the preparation of the record which shall be certified by the Registrar of Designs as correct in terms of sub-rule (7).
(5) The Registrar of Designs as well as the parties or their legal practitioners shall endeavour to exclude from the record all documents (more particularly such as are purely formal) that are not relevant to the subject-matter of the appeal, and generally to reduce the bulk of the record as far as practicable, and to avoid the production of unnecessary exhibits, taking special care to avoid the duplication of documents and the unnecessary repetition of headings, and furnish merely the formal particulars of documents; but the documents omitted to be copied shall be enumerated in a list to be placed after the index or at the end of the record.
(6) The Registrar of Designs, after consultation with the registrar of the High Court shall direct the number of copies of the record to be prepared, having regard to whether or not one or more assessors are likely to sit upon the hearing of the appeal.
(7) After the completion of the preparation of the record, the Registrar of Designs shall certify the record to be correct and forward it to the registrar of the High Court together with such copies thereof as he has directed to be prepared in terms of sub-rule (6).
4. Application for an extension of time in which to appeal
(1) Any application for an extension of time in which to appeal shall be in Form DT 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.
(2) The application accompanied by supporting documents shall be delivered to the registrar of the High Court and copies shall forthwith be served by the appellant on the Registrar of Designs and on any person or persons who appeared or gave notice of opposition in the proceedings before the said Registrar.
(3) The respondent shall be entitled to file an affidavit in reply within 14 days from the date of service or within such longer period as may be ordered by the High Court, and the tribunal may permit further 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.
(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 14 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.
(2) In any case where the setting down of the hearing of an appeal has been delayed, any party may apply to the registrar of the High Court to fix a date for the hearing, and thereupon the registrar of the High Court, after consulting any other party and the High Court, shall set down the appeal for hearing after having given to the Registrar of Designs and to any other party not less than 14 days’ notice or such shorter notice of the time and place appointed for the hearing of the appeal as directed by the High Court.
(3) If in the opinion of the registrar of the High Court an appeal is not being prosecuted timeously, he may lay the matter before the High Court for directions and, if the High Court is satisfied that the parties do not intend or are unable to proceed with the appeal, he may direct that the parties attend before him to show cause why the appeal should not be dismissed.
Subject to the provisions of sub-section (6) of section 35, the evidence used on appeal to the High Court shall be the same as that used before the Registrar of Designs, and no further evidence shall be given except with the leave of the court.
The High Court may, at the request of any party, order the attendance at the hearing for the purpose of cross-examination of any person who has given evidence in the matter to which the appeal relates.
(1) Subject to the provisions of section 44, any party may, at any time before the hearing of an appeal, apply to the High Court for an order that any opposing party shall, within such time, in such amount and in such manner as the High Court directs, give security for the payment of any costs which such opposing party may be ordered to pay.
(2) The party applying for an order for security for costs shall serve upon the opposing party a copy of the notice of the application for security at least seven days before the date of the hearing thereof.
(3) Any party ordered to give security for costs in terms of this rule may apply to the High Court for an order extending the time within which any security is to be given, and shall give not less than four days’ notice of such application to the other party.
(4) In the event of the security not being given or being only partly given within the time directed by the High Court or any extension thereof, all proceedings in the appeal shall be deemed to be stayed, unless the High Court otherwise orders, and the appeal shall be set down for such order, whether of dismissal or otherwise, as the High Court may think fit.
9. Abandonment or failure to prosecute appeal
(1) An appellant may at any time abandon his appeal by giving notice of abandonment in Form DT 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.
(2) The appellant shall serve a copy of the notice of abandonment on the respondent and on the Registrar of Designs.
(3) The respondent may, upon receipt of such notice, apply to the High Court for an order in respect of any costs incurred by him.
10. Frivolous or vexatious appeals
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
APPLICATIONS
(1) Any reference to the High Court under section 21 by a party to a dispute (hereinafter referred to as “the claimant”) shall be made in Form DT no. 4 and shall be filed with the Registrar of Designs.
(2) The claimant shall by affidavit verify the facts upon which he relies and shall state fully the nature of his interest in the matter in dispute and the relief which he seeks.
(3) The claimant shall serve a copy of his claim and of the relevant affidavit upon the other party to the dispute.
(4) The other party shall within two months from the date of receipt of such copy deliver to the Registrar of Designs a counter-statement, verified by affidavit, setting out fully the nature of his interest and the facts upon which he relies, and shall at the same time serve upon the claimant a copy of the counter-statement and of such affidavit.
(5) Proof of service shall be furnished to the satisfaction of the Registrar of Designs.
(6) When the provisions of this rule have been complied with to the extent herein required, the Registrar of Designs shall hand all relevant papers to the registrar of the High Court.
(7) Any party to the dispute may at any time during the proceedings under this rule make application to the tribunal for an order for the hearing of oral evidence, and the tribunal shall make such order as it deems fit.
An application for the rectification of the register under section 24 shall be made to the tribunal in Form DT 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.
(1) When the registrar of the tribunal has received from the Registrar of Designs the papers or written proceedings in relation to any 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 14 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.
(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.
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
TAXATION OF COSTS
16. Registrar of tribunal to be Taxing Officer
The registrar of the High Court shall be the Taxing Officer for the purpose of taxing a bill of costs of a legal practitioner, and in the taxation of costs shall comply with such instructions as may from time to time be given to him by the High Court for that purpose.
17. Necessary and proper costs to be allowed
(1) With a view to affording the party who has been awarded an order for costs a full indemnity for all costs reasonably incurred by him in relation to his application or opposition, and to ensure that all such costs shall be borne by the party against whom such order has been awarded by the High Court, the Taxing Officer shall on every taxation allow all such costs, charges and expenses as appear to him to have been 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.
(2) Upon the taxation of costs the Taxing Officer may, in determining the remuneration to be allowed, have regard to the skill, labour and responsibility involved, If, on having regard to the said matters, the Taxing Officer considers that there are special reasons why costs in excess of those prescribed in the Second Schedule should be allowed, he may, in respect of any particular application made or business done, allow such costs as seem to him reasonable and shall certify his decision in writing.
(3) Any person aggrieved by the charges made by any legal practitioner in respect of work performed by him under the provisions of the Act may refer such charges to the Taxing Officer for taxation.
18. Scale of fees to be followed
In the taxation of costs the Taxing Officer shall be guided, as far as the circumstances of each particular case will permit, by the scale of fees prescribed in Part IV of the Second Schedule. In addition to these charges, all disbursements shall be separately charged and shall be allowed by the Taxing Officer when reasonable.
19. Witnesses’ charges and allowances
(1) Witnesses requiring payment shall be paid for their attendance and travelling in accordance with the tariff prescribed in Part II of the Second Schedule.
(2) The charges for witnesses as fixed by tariff are to be considered as payable to the witness by the party who summoned or produced him and, in the event of any such party being awarded his costs against any other party, the said charges shall be allowed against such other party in the taxation of costs.
(3) Any person applying to the registrar of the tribunal for the issue of a subpoena to compel the attendance of any witness shall by endorsement of such subpoena give an undertaking that all expenses due to the 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.
(4) In the taxation of costs between party and party, no amount shall be allowed for any witness whether for attendance or travelling expenses unless there is produced to the Taxing Officer proof that such amount has already been paid or tendered to or claimed by such witness.
(5) In the taxation of costs between party and party, nothing shall be allowed for any witness not examined unless upon proof that his evidence might reasonably have been believed to be material and necessary.
(6) If the number of witnesses summoned, or if the number of affidavits filed, is manifestly greater than is reasonably necessary, there shall only be allowed against the other party the charges for such witnesses or affidavits as were reasonably necessary.
(7) In the taxation of costs between party and party, no amount shall be allowed for any witness in respect of personal attendance or travelling expenses if the fact or facts which such witness is subpoenaed to prove have, before the issue of such subpoena, been admitted to the party taking out the subpoena by the opposite party:
Provided that such admission shall be in writing, signed by the party making it or his legal practitioner acting on his behalf.
(8) When the same person is a witness in more cases than one heard on the same day, he shall be entitled to no more than one fee for personal attendance and one allowance for travelling expenses, which shall be equally divided between such cases.
(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.
(2) When the dwelling-house or place of business of the party against whom costs are to be taxed is more than thirty-six miles from the seat of the High Court, the time for the service of such notice shall be extended to 14 days.
(3) In the taxation of costs, the notice of taxation with a copy of the bill of costs may be transmitted by registered post to the party appearing in person.
21. Review of decision of Taxing Officer
Any party aggrieved by the decision of the Taxing Officer may apply to the High Court within four weeks after the taxation to review such taxation. Copies of the application shall be served on the Taxing Officer and on the opposite party. The application shall specify the items forming the subject of the grievance but the grounds upon which such items are sought to be reviewed shall not require to be verified by affidavit.
22. Reference to president of tribunal in chambers
The Taxing Officer may, without filing any formal documents, submit any point arising at a taxation for decision by a Judge in Chambers, and it shall be competent for the Taxing Officer and for the legal practitioners who appeared at the taxation to appear before the High Court respecting such point.
PART V
GENERAL
23. Adjournment of proceedings
The hearing of any application or other matter before the High Court may from time to time be adjourned upon such terms as the High Court thinks fit.
(1) Except as provided in sub-rule (2), every hearing before the High Court shall be in Lusaka.
(2) One or more of the parties may, not later than 14 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 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.
The forms set out in the First Schedule shall be used in all cases to which they are applicable and may be modified as directed by the High Court.
The High Court fees prescribed in Part I of the Second Schedule shall be paid to the Registrar of Designs at the Office.
27. Endorsement of fee on document chargeable
(1) Upon receipt of any document chargeable with any fee payable in terms of these Rules, the Registrar of Designs shall endorse upon the original of such document the amount of the fee paid and the date of payment.
(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. Oath to be taken by assessors appointed under section 37
The form of oath to be taken by assessors appointed under section 37 shall be as follows:
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.
The remuneration of any assessor appointed under section 37 shall be as prescribed in Part III of the Second Schedule.
FIRST SCHEDULE
[Rule 25]
PRESCRIBED FORMS
Form DT No. 1
[Sections 35 and 39]
[Rule 3(1)]
The Registered Designs Act
Fee units: 8
NOTICE OF APPEAL TO THE TRIBUNAL
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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 |
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…………………………………………………………………………………………………….. |
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…………………………………………………………………………………………………….. |
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…………………………………………………………………………………………………….. |
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…………………………………………………………………………………………………….. |
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…………………………………………………………………………………………………….. |
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and |
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In the matter of an opposition by (2) ………………………………………………………. |
(2) State the name of the opponent(s) if the application is opposed |
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…………………………………………………………………………………………………….. |
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…………………………………………………………………………………………………….. |
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I/We (3)…………………………………………………………………………………………. |
(3) State full name and address of appellant(s) |
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of …………………………………………………………………………………………………. |
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…………………………………………………………………………………………………….. |
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hereby give notice of appeal to the tribunal from (4)……………………………………. |
(4) Here insert “the decision” or “that part of the decision,” as the case may be |
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(5) ………………………………………………………………………………………………… |
(5) Here insert “refused application for registration of a design” or “refused (or granted) application for compulsory licence” or otherwise, as the case may be |
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(6)………………………………………………. |
(6) To be signed by the appellant(s) or his/their practitioner |
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My/our address for service in Zambia: |
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………………………………………………………………………………………………… |
The Registrar of the Patents Tribunal,
Lusaka,
Zambia.
Form DT No. 2
[Section 39]
[Rule 4(1)]
The Registered Designs Act
Fee units: 8
APPLICATION FOR AN EXTENSION OF TIME IN WHICH TO APPEAL
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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 |
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…………………………………………………………………………………………………….. |
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…………………………………………………………………………………………………….. |
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…………………………………………………………………………………………………….. |
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…………………………………………………………………………………………………….. |
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and |
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In the matter of an opposition by (2) ………………………………………………………. |
(2) State the name of the opponent(s) if the application is opposed |
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…………………………………………………………………………………………………….. |
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…………………………………………………………………………………………………….. |
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I/We (3)…………………………………………………………………………………………. |
(3) State the full name and address of appellant(s) |
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of …………………………………………………………………………………………………. |
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…………………………………………………………………………………………………….. |
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from (4)…………………………………………………………………………………………… |
(4) Here insert “the decision” or “that part of the decision,” as the case may be |
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of the Registrar of Designs on the following grounds (5)………………………………. |
(5) Here state briefly the grounds upon which the application is based, and where facts are alleged such facts shall be verified by affidavit |
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(6)………………………………………………. |
(6) To be signed by the appellant(s) or his/their legal practitioner |
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The Registrar of the Patents Tribunal, |
Form DT No. 3
[Rule 9(1)]
The Registered Designs Act
Fee units: 12
NOTICE OF ABANDONMENT OF APPEAL
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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 |
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and |
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In the matter of an opposition by (2) ……………………………………………………. |
(2) State the name of the opponent(s) if the application is opposed |
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you are hereby notified that the above-named appellant(s) hereby abandon(s) all further proceedings in the above matter. |
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Dated this ……………………. day of ……………………………………., 19 …………. |
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(3) …………………………………………………. |
(3) To be signed by the appellant(s) or his/their legal practitioner |
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The Registrar of the Patents Tribunal, |
Form DT No. 4
[Section 21]
[Rule 11(1)]
The Registered Designs Act
Fee units: 12
REFERENCE TO THE TRIBUNAL UNDER SECTION 21 OF THE ACT
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In the matter of a reference by (1)………………………………………………………….. |
(1) State the name of claimant(s) and nature of matter in dispute |
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against |
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(2) ………………………………………………………………………………………………… |
(2) State name of other party to dispute |
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I/We (3)………………………………………………………………………………………… |
(3) State full name and address of claimant(s) |
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……………………………………………………………………………………………………. |
(4) State full name of respondent |
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The following are the grounds on which I/we base my/our claim: |
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(5) ……………………………………………………………………………………………….. |
(5) Here state briefly the nature of the grounds |
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Dated this ……………………. day of ……………………………………, 19 …………. |
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(6)……………………………………………. |
(6) To be signed by the claimant(s) or his/their legal practitioner |
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My/Our address for service in Zambia: |
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……………………………………………………………………………………………… |
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 DT No. 5
[Section 24]
[Rule 12]
The Registered Designs Act
Fee units: 4
APPLICATION FOR RECTIFICATION OF REGISTER OF DESIGNS
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I/We (1)………………………………………………………………………………………….. |
(1) State name and address of applicant(s) |
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may be rectified in the following manner (2)…………………………………………….. |
(2) State manner in which register is to be rectified |
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The grounds upon which I/we base this application are as follows: |
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(3) ……………………………………………………………………………………………….. |
(3) State briefly the grounds |
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Dated this ……………………… day of ……………………………………, 19 …………. |
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(4)……………………………………………………………….. |
(4) To be signed by the applicant(s) or his/their legal practitioner |
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My/Our address for service in Zambia: |
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……………………………………………………………………………………………………. |
The Registrar,
The Designs Office,
Lusaka,
Zambia.
[Am by Act 13 of 1994.]
SECOND SCHEDULE
[Rules 18, 19, 26 and 29]
PRESCRIBED FEES
PART I
TRIBUNAL FEES
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ITEM |
MATTER |
AMOUNT FEE UNITS |
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1. |
On every appeal to the tribunal from decision or order of the Registrar of Designs-inclusive fee |
75 |
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2. |
On a reference to the tribunal under section 21 |
75 |
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3. |
On application for rectification of register of designs |
30 |
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4. |
On every search |
4 |
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5. |
For typewritten copies of judgments or records, for additional copies of orders or for copies of documents or proceedings furnished upon direction of the registrar of the tribunal: |
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The first copy for each folio of 100 words or part thereof |
3 |
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Additional copies for each folio of 100 words or part thereof |
1 |
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On certifying any document as an office copy |
8 |
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Transcript of shorthand writer’s notes |
Such fee as may be determined by the Minister |
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—
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Perusal of any necessary documents |
Fee units |
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For the first 10 folios-per folio . . . . . . |
4 |
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For each subsequent folio . . . . . . . . |
2 |
[Am by Act 13 of 1994.]
REGISTERED DESIGNS (APPEALS) RULES
[Section 38]
Arrangement of Rules
Rule
1. Title
2. Appeals to High Court
3. Appeals to Supreme Court
SI 7 of 1984.
[Rules by the Chief Justice]
These Rules may be cited as the Registered Designs (Appeals) Rules.
Subject to any specific provisions of the Act, the High Court (Appeals) (General) Rules, 1984, shall apply to any appeal to the High Court brought pursuant to the provisions of the Act.
Subject to any specific provisions of the Act, the Supreme Court Rules shall apply to any appeal to the Supreme Court pursuant to the provisions of the Act.