The Laws of Zambia
16. (1) In proceedings for the infringement of copyright in a registered design,
damages shall not be awarded against a defendant who proves that at the date of the
infringement he was not aware, and had no reasonable ground for supposing, that the
design was registered; and a person shall not be deemed to have been aware or to have
had reasonable ground for supposing as aforesaid by reason only of the marking of an
article with the word "registered" or any abbreviation thereof, or any word or words
expressing or implying that the design applied to the article has been registered, unless
the number of the design accompanied the word or words or the abbreviation in question.
Exemption of innocent
infringer from liability
for damages
(2) Nothing in this section shall affect the power of the High Court to grant an
injunction or interdict in any proceedings for infringement of copyright in a registered
design.
(As amended by Act No. 16 of 1980)
17. (1) At any time after a design has been registered, any person interested may
apply to the Registrar for the grant of a compulsory licence in respect of the design 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; and the Registrar may make such order on the application as
he thinks fit.
Compulsory licence in
respect of registered
design
(2) An order for the grant of a licence shall, without prejudice to any other method of
enforcement, have effect as if it were a deed executed by the registered proprietor and all
other necessary parties, granting a licence in accordance with the order.
(3) No order shall be made under this section which would be at variance with any
of the provisions of the Convention.
(4) An appeal shall lie from any order of the Registrar under this section.
(As amended by G.N. No. 187 of 1964)
PART V
USE OF REGISTERED DESIGNS FOR SERVICES OF THE STATE
18. (1) Notwithstanding anything in this Act, any Government department or any
person authorised in writing by the Minister may use any registered design for the services
of the State in accordance with the provisions of this section.
(2) If and so far as the design has before the date of registration thereof been duly
recorded by or applied by or on behalf of a Government department, otherwise than in
consequence of the communication thereof directly or indirectly by the registered
proprietor or any person from whom he derives title, any use of the design by virtue of this
section may be made free of any royalty or other payment to the registered proprietor.
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
Use of registered
designs for services of
the State
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