Industrial Design [No. 22 of 2016 541 PART X INFRINGEMENT 60. Subject to the other provisions of this Act, it is an infringement of a proprietor’s right in a registered design for a person to do any of the acts referred to in section fifty-six, without the written consent of the proprietor or a successor in title. Infringement 61. It is not an infringement of a proprietor’s right in a registered design if— Noninfringement acts (a) the reproduction of a registered design is done by a person for private and not commercial exploitation purposes; (b) the reproduction of a registered design is done by a person for the sole purpose of evaluation, analysis, research or teaching and the proprietor of the design is acknowledged; (c) a person uses the results of an evaluation, analysis or research, which involves a registered design, to create a different design that complies with the requirements of section fifteen. (d) it is used on a ship, aircraft, vehicle or any vessel which is registered in another country but is temporarily in Zambia; or (e) it is used in the repair and restoration of a complex product or article. 62. (1) A proprietor or exclusive licensee shall have the right to commence court proceedings against a person, who is alleged to have infringed or is performing an act likely to cause an infringement of a proprietor’s right in a registered design. (2) A person alleged to have infringed the proprietor’s right may, in proceedings for infringement, counterclaim for the revocation of the registration of a design, relaying on any ground on which registration of a design may be revoked in accordance with this Act. (3) A proprietor or licensee shall, before commencing court proceedings referred to in subsection (1), give notice to any other holder of a licence under such a registered design, whose name appears in the Register. (4) A person notified in accordance with subsection (3), may join as a co-plaintiff to the court proceedings referred to in subsection (1). Right to commence proceedings for infringement