540 No. 22 of 2016] Industrial Design (2) A person shall not do any of the acts referred to in subsection (1), without the written consent of the proprietor. Nature of registered design right 57. (1) The registered design rights, referred to in section twenty-two, shall be personal property, capable of being transferred by any means by which such property may be lawfully transferred, including assignment, mortgage, pledge, testamentary instrument or operation of law. (2) A transfer of a right, referred to in subsection (1), shall not be effective unless it is in writing, signed by or on behalf of the proprietor and registered with the Agency, in accordance with this Act. (3) A transfer of a right, as provided in subsection (1), binds each successor in title to the proprietor, except a purchaser in good faith for value without actual or constructive notice of the transfer and a person who derives title from such purchaser. (4) The Registrar shall record or cause to be recorded, in the Register, all transfers of rights or interests undertaken in accordance with this Act. Joint owner of registered design 58. Where a design is registered to two or more proprietors, the proprietors shall, subject to any agreement in force, be considered as joint owners. Limitations of registered design rights 59. (1) Despite any other provision of this Act, rights under a registered design shall be limited to industrial or commercial activities and shall not extend to the following: (a) acts done by any person for scientific research; (b) acts related to experimental use of the registered design; (c) using of the design for teaching purposes; (d) acts which include testing, making or selling of a registered design, for purposes reasonably related to the development and submission of information required under any written law in Zambia or in a convention country; (e) the exploitation of the registered design beyond the duration of the term of registration, as provided in this Act; and (f) compulsory licences as provided in this Act; and (g) the prohibition of the use of the registered design by the Government or persons authorised by the Government, as provided in this Act.

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