The Laws of Zambia
(f)
generally for ensuring that the whole resources of the community are
available for use, and are used, in a manner best calculated to serve the
interests of the community; or
(g)
for assisting the relief of suffering and the restoration and distribution of
essential supplies and services in Zambia or any foreign countries that are
in grave distress as the result of war;
and any reference in this Part to the services of the State shall be construed as including
a reference to the purposes aforesaid.
(As amended by G.N. No. 187 of 1964
and S.I. No. 175 of 1965)
21. (1) Any dispute as to-
(a)
the exercise by a Government department or a person authorised by the
Minister of the powers conferred by section eighteen;
(b)
the terms for the use of a design for the services of the State thereunder; or
(c)
the right of any person to receive any part of a payment made in pursuance
of subsection (3) of section eighteen; may be referred to the High Court by
any party to the dispute in such manner as may be prescribed.
(2) In any proceedings under this section to which a Government department is a
party, the Government department may-
(a)
if the registered proprietor is a party to the proceedings, apply for
cancellation of the registration of the design upon any ground upon which
the deletion of a design may be ordered by the High Court under section
twenty-four;
(b)
in any case, put in issue the validity of the registration of the design without
applying for its cancellation.
(3) If in such proceedings as aforesaid any question arises whether a design has
been recorded or applied as mentioned in section eighteen and the disclosure of any
document recording the design, or of any evidence of the application thereof, would, in the
opinion of the Government department, be prejudicial to the public interest, the disclosure
may be made confidentially to counsel appearing for the other party or to an independent
expert agreed upon by the parties.
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
Reference of disputes
as to State use
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