The Laws of Zambia
(c)
in the case of a new or original textile design intended for registration, the
acceptance of a first and confidential order for goods bearing the design; or
(d)
the communication of the design by the proprietor thereof to a Government
department or to any person authorised by the Minister to consider the
merits of the design, or of anything done in consequence of such a
communication.
(2) Where copyright subsists in an artistic work, and an application is made by, or
with the consent of, the owner of that copyright for the registration of a corresponding
design, that design shall not be treated for the purposes of this Act as being other than
new or original by reason only of any use previously made of the artistic work, unless-
(a)
the previous use consisted of or included the sale, letting for hire, or offer
for sale or hire of articles to which the design in question (or a design
differing from it only as mentioned in subsection (2) of section seven) had
been applied industrially, other than articles of a description specified in
regulations made under subsection (3) of section seven; and
(b)
that previous use was made by, or with the consent of, the owner of the
copyright in the artistic work.
(As amended by G.N. No. 187 of 1964)
13. (1) Any person who qualifies under Article 2 or 3 of the Convention and who
has applied for protection for any design in a convention country, or his legal
representative or assignee (if such assignee is also so qualified), may make an application
for registration of that design in priority to other applicants; and the registration shall have
the same date as the date of the application in the convention country or, where more
than one such application for protection has been made, the date of the first such
application:
Provided that-
(i)
the application for registration is made within six months from the date of
the application for protection in the convention country or, where more than
one such application for protection has been made, from the date of the first
application;
(ii)
no proceedings shall be taken in respect of any infringement of copyright in
that design committed before the date on which the certificate of
registration thereof under this Act is issued.
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
Convention
arrangements
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