(b) that, by reason of a previous use of that artistic work, the design would not have been registrable under this Act but for subsection (2) of section twelve; and (c) that the copyright in that work under the written law relating to copyright expired before the date of expiry of the copyright in the design; the copyright in the design shall, notwithstanding anything in this section, be deemed to have expired at the same time as the copyright in the artistic work, and shall not be renewable after that time. (As amended by G.N. No. 187 of 1964) 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. (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 Compulsory licence in respect of registered design

Select target paragraph3

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