The Laws of Zambia
Provided that where the Registrar proposes to refuse an application for the
registration of any other design on the ground that it is the same as the first-mentioned
design or differs from that design only in immaterial details or in features which are
variants commonly used in the trade, the applicant shall be entitled to inspect the
representation or specimen of the first-mentioned design lodged in pursuance of the
application for registration of that design.
(3) In the case of a design registered in respect of an article of any class prescribed
for the purposes of subsection (2), the representation or specimen of the design shall not,
during the period prescribed as aforesaid, be inspected by any person by virtue of this
section except in the presence of the Registrar or of an officer acting under him; and
except in the case of an inspection authorised by the proviso to that subsection, the
person making the inspection shall not be entitled to take a copy of the representation or
specimen of the design or any part thereof.
(4) Where an application for the registration of a design has been abandoned or
refused, neither the application for registration nor any representation or specimen of the
design lodged in pursuance thereof shall at any time be open to inspection at the Designs
Office or be published by the Registrar.
(As amended by Act No. 16 of 1980).
28. On the request of any person furnishing such information as may enable the
Registrar to identify the design and on payment of the prescribed fee, the Registrar shall
inform him whether the design is registered, and, if so, in respect of what articles, and
whether any extension of the period of copyright in relation to that design has been
granted and shall state the date of registration and the name and address of the
registered proprietor.
Information as to
existence of copyright
29. The Registrar shall grant a certificate of registration in the prescribed form to
the registered proprietor of a design when the design is registered.
Certificate of
registration
30.
The Registrar may, in a case where he is satisfied that the certificate of
registration referred to in section twenty-nine has been lost or destroyed, or in any other
case in which he thinks it expedient, furnish one or more copies of the certificate.
Copies of certificates
of registration
31. Without prejudice to any provisions of this Act requiring the Registrar to hear
any party to proceedings thereunder, or, to give to any such party an opportunity to be
heard, the Registrar shall give to any applicant for registration of a design an opportunity
to be heard before exercising adversely to this Act. the applicant any discretion vested in
the Registrar by or under this Act.
Exercise of
discretionary powers
of Registrar
32. (1) Subject to the provisions of section fifty-five, evidence in any proceedings
before the Registrar under this Act shall be given by affidavit, so, however, that the
Registrar may, if he thinks fit in any particular case, take oral evidence on oath in lieu of or
in addition to such evidence as aforesaid and may allow any witness to be
cross-examined on his affidavit or oral evidence.
Proceedings before
Registrar
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
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