The Laws of Zambia
(3) The register of designs shall be prima facie evidence of any matters required or
authorised by or under this Act to be entered therein.
(4) No notice of any trust, whether expressed, implied or constructive, shall be
entered in the register, and the Registrar shall not be affected by any such notice.
PART III
REGISTRABLE DESIGNS AND PROCEEDINGS FOR REGISTRATION
7. (1) Subject to the following provisions of this section, a design may, upon
application made by the person claiming to be the proprietor, his assignee or legal
representative, be registered under this Act in respect of any article or set of articles
specified in the application.
Designs registrable
under Act
(2) Subject to the provisions of this Act, a design shall not be registered thereunder
unless it is new or original and in particular shall not be so registered in respect of any
article if it is the same as a design which before the date of the application for registration
appears on the register or has been published in the former Federation of Rhodesia and
Nyasaland or, after the 1st January, 1964, the former Protectorate of Northern Rhodesia
or the Republic in respect of the same or any other article or differs from such a design
only in immaterial details or in features which are variants commonly used in trade.
(3) Regulations made by the Minister under this Act may provide for excluding from
registration thereunder designs for such articles, being articles which are primarily literary
or artistic in character, as the Minister thinks fit.
(As amended by G.N. No. 187 of 1964
and S.I. No. 175 of 1965)
8. (1) Subject to the provisions of this section, the author of a design shall be
treated for the purposes of this Act as the proprietor of the design:
Provided that where the design is executed by the author for another person for
valuable consideration, that other person shall be treated for the purposes of this Act as
the proprietor.
(2) Where a design, or the right to apply a design to any article, becomes vested,
whether by assignment, transmission or operation of law, in any person other than the
original proprietor, either alone or jointly with the original proprietor, that other person, or,
as the case may be, the original proprietor and that other person, shall be treated for the
purposes of this Act as the proprietor of the design or as the proprietor of the design in
relation to that article.
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
Proprietorship of
designs
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