The Laws of Zambia
39. Appeals under this Part, whether from decisions of the Registrar or orders or
decisions of the High Court, shall be brought within three months after the date of the
decision or order in question, or within such further time as the High Court or Supreme
Court may allow upon application by the appellant concerned.
Time for appeals
40. When any matter to be decided by the Registrar under this Act appears to him
to involve a point of law or to be of unusual importance or complexity, he may, after giving
notice to the parties, refer such matter to the High Court for a decision and shall
thereafter, in relation to such matter, act in accordance with the decision of the High Court
or any decision substituted therefor on appeal to the Supreme Court.
References to High
Court by Registrar
(As amended by Act No. 16 of 1980)
41. In any legal proceeding in which the validity of the registration of a design is
contested and is decided in favour of the registered proprietor of the design, the High
Court or Supreme Court may certify to that effect and, if it is so certifies, then, in any
subsequent legal proceeding in which the validity of the registration comes into question,
the registered proprietor of the design, on obtaining a final order or judgment in his favour,
shall have his full costs, charges and expenses as between solicitor and client, unless in
that subsequent proceeding the High Court or Supreme Court directs that he ought not to
have them.
Certification of validity
(As amended by G.N. No. 187 of 1964
and Act No. 16 of 1980)
42.
Any action or legal proceeding relating to the infringement of copyright in a
registered design shall be brought in the High Court.
Infringement action to
be heard in High Court
(As amended by G.N. No. 187 of 1964)
43. (1) Where any person (whether entitled to or interested in a registered design or
an application for registration of a design or not) by circulars, advertisements or otherwise
threatens any other person with proceedings for infringement of the copyright in a
registered design, any person aggrieved thereby may bring an action against him in the
High Court for any such relief as is mentioned in subsection (2).
(2) Unless in any action brought by virtue of this section the defendant proves that
the acts in respect of which proceedings were threatened constitute or, if done, would
constitute, an infringement of the copyright in a registered design, the registration of which
is not shown by the plaintiff to be invalid, the plaintiff shall be entitled to the following relief,
that is to say:
(a)
a declaration to the effect that the threats are unjustifiable;
(b)
an injunction or interdict against the continuance of the threats; and
(c)
such damages, if any, as he has sustained thereby.
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
Remedy for
groundless threats of
infringement
proceedings
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