The Laws of Zambia
(2) Where any person makes an application for the registration of a design in
respect of any article and either-
(a)
that design has been previously registered by another person in respect of
some other article; or
(b)
the design to which the application relates consists of a design previously
registered by another person in respect of the same or some other article
with modifications or variations not sufficient to alter the character or
substantially to affect the identity thereof;
then, if at any time while the application is pending the applicant becomes the registered
proprietor of the design previously registered, the provisions of subsection (1) shall apply
as if at the time of making the application the applicant had been the registered proprietor
of that design.
11. (1) In this section, "competent authority" means the President or the Minister or
Junior Minister, if any, to whom the President may assign special responsibilities for
defence matters.
(2) Where an application for the registration of a design has been made, and it
appears to the Registrar that the design is one of a class notified to him by the competent
authority as relevant for defence purposes, he may give directions for prohibiting or
restricting the publication of information with respect to the design, or the communication
of such information to any person or class of persons specified in the directions.
(3) Regulations shall be made by the Minister under this Act for securing that the
representation or specimen of a design, in the case of which directions are given under
this section, shall not be open to inspection at the Designs Office during the continuance
in force of the directions.
(4) Where the Registrar gives any such directions as aforesaid, he shall give notice
of the application and of the directions to the competent authority, and thereupon the
following provisions shall have effect, that is to say:
(a)
the competent authority shall, upon receipt of such notice, consider whether
the publication of the design would be prejudicial to the defence of the
Republic and unless a notice under paragraph (c) has previously been
given by that authority to the Registrar, shall reconsider that question
before the expiration of nine months from the date of lodging of the
application for registration of the design and at least once in every
subsequent year;
(b)
for the purpose aforesaid, the competent authority may, at any time after
the design has been registered or with the consent of the applicant, at any
time before the design has been registered, inspect the representation or
specimen of the design lodged in pursuance of the application;
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
Provisions for secrecy
of certain designs
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