|
FREQUENTLY ASKED QUESTIONS ON INDUSTRIAL DESIGNS What is a design?
A design is the appearance of an article produced by an industrial process. The shape and decorative ornaments constitute an industrial design. Is there a design law in Zambia?
Yes. There is provision for protection of designs through registration under the Registered Designs Act Cap 402 of the Laws of Zambia. Who is eligible to apply for an industrial design?
The originator of the design or his assignee which may be a company, individual or group of persons. What are the conditions for registration of a design?
A design must be new and original. A design cannot be registered if it is similar to a design already on the Designs Register. How long is a design protected?
A design is initially valid for a period of five years from the date of filing the application. In order to maintain the validity of the registration for the full 15 year term, registration of the design must be renewed for a second and third period of five years each. Can anyone copy a design?
Yes and No. Firstly, it is illegal for anyone to imitate for commercial purposes a design which is still under a valid registration in Zambia. However, it is legal to copy a design that is registered in another country but has no registration in Zambia. For instance, if the design is registered in South Africa but not in Zambia, a local company may register the same design in Zambia.
|
