The Laws of Zambia
(a)
the design was not, at the date of the registration thereof, new or original;
(b)
the design, at the time when it was registered, was a corresponding design
in relation to an artistic work in which copyright subsisted under the written
law relating to copyright;
(c)
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; or
(d)
the copyright in that work under the written law relating to copyright has
expired;
or on any other ground on which the Registrar could have refused to register the design;
and the Registrar may make such order on the application as he thinks fit.
(3) An appeal shall lie from any order of the Registrar under subsection (2).
(As amended by G.N. No. 187 of 1964)
PART VII
Evidence of certain
entries and documents
FUNCTIONS OF REGISTRAR IN RELATION TO CERTAIN EVIDENCE, DOCUMENTS AND
POWERS
26. (1) A certificate purporting to be signed by the Registrar and certifying that any
entry which he is authorised by or under this Act to make has or has not been made, or
that any other thing which he is so authorised to do has or has not been done, shall be
prima facie evidence of the matters so certified.
(2) A copy of any entry in the register or of any representation, specimen or
document kept in the Designs Office or an extract from the register or any such document,
purporting to be certified by the Registrar and to be sealed with the seal of the Patent
Office, shall be admitted in evidence without further proof and without production of the
original.
27. (1) Subject to the provisions of this section and to any regulation made by the
Minister in pursuance of subsection (3) of section eleven, the representation or specimen
of a design registered under this Act shall be open to inspection at the Designs Office on
and after the day on which the certificate of registration is issued.
(2) In the case of a design registered in respect of an article of any class prescribed
for the purposes of this subsection, no representation or specimen of the design lodged in
pursuance of the application shall, until the expiration of such period after the day on
which the certificate of registration is issued as may be prescribed in relation to articles of
that class, be open to inspection at the Designs Office except by the registered proprietor,
a person authorised in writing by the registered proprietor, or a person authorised by the
Registrar, the High Court or Supreme Court:
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
Inspection of
registered designs
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