person aggrieved thereby may bring an action against him in the High Court for any such relief as is mentioned in subsection (2). proceedings (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) and an injunction or interdict against the continuance of the threats; (c) such damages, if any, as he has sustained thereby. (3) For the avoidance of doubt, it is hereby declared that a mere notification that a design is registered does not constitute a threat of proceedings within the meaning of this section. (4) The defendant in any such action as aforesaid may apply, by way of counter-claim in the action, for any relief to which he would be entitled in a separate action in respect of any infringement by the plaintiff of the design to which the threats relate. (As amended by G.N. No. 187 of 1964) 44. (1) When a party to proceedings before the Registrar is resident outside Zambia, the Registrar may order such party to give security, within such time as may be directed, for the costs of the proceedings. (2) If the party ordered to give security for costs fails to do so within the time directed, the Registrar may treat the proceedings as abandoned. (3) Where a bond is to be given as security for costs, it shall, unless the Registrar otherwise directs, be given to the party requiring the security. (As amended by Act No. 16 of 1980) Security for costs and taxation of costs

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents