“article” means any article of manufacture and includes any part of an article if that
part is made and sold separately;
“artistic work” means a work of any of the following descriptions, that is to say—
(a)
the following, irrespective of artistic quality, namely, paintings,
sculptures, drawings, engravings and photographs;
(b)
works of architecture, being either buildings or models for buildings;
(c)
works of artistic craftsmanship, not falling within paragraph (a) or (b);
“assignee”, in relation to a design, means—
(a)
a person who has derived his title to the design for Zimbabwe directly
or indirectly from the proprietor thereof or from the proprietor's assignee; or
the legal representative of a person referred to in paragraph (a);
(b)
“certificate of registration” means a certificate of registration issued in terms of
section twenty-nine;
[Amended by Act 25 of 2001 with effect from the 1st March, 2002.]
“Controller” means the Controller of Patents, Trade Marks and Industrial Designs
appointed in terms of paragraph (a) of subsection (2) of section 3 of the Patents Act;
“Convention application” means an application made by a person referred to in
subsection (2), as read with subsection (3), of section eight;
“Convention country” means a country or territory declared in terms of section 79 of
the Patents Act to be a Convention country for the purposes of that Act;
“copyright”, in relation to a registered design, has the meaning assigned to it by
subsection (1) of section fifteen;
“Copyright Act” means the Copyright and Neighbouring Rights Act [Chapter 26:05];
[Amended by Act 25 of 2001 with effect from the 1st March, 2002.]
“corresponding design”, in relation to an artistic work, means a design which, when
applied to an article, results in a reproduction of that work;
“Court” . . . . . .
[Repealed by Act 25 of 2001 with effect from the 1st March, 2002.]
“department of the State” means any—
(a)
department of the State; or
(b)
statutory corporation or authority which is prescribed for the purposes
of this definition;
“design” means features of shape, configuration, pattern or ornamentation applied to
an article by any industrial process or means, being features which in the finished
article appeal to and are judged solely by the eye, but does not include a method or
principle of construction or features of shape or configuration which are dictated
solely by the function which the article to be made in that shape or configuration has
to perform;
“Designs Office” means the Industrial Designs Office established under section three;
“exclusive licence” means a licence from the registered proprietor of the design
which confers on the licensee, or the licensee and persons authorized by him, to the
exclusion of all other persons, including the registered proprietor, any right in respect
of the registered design;
“Journal” means the Patent and Trade Marks Journal published in terms of section 95
of the Patents Act;
“legal representative” means—
(a)
the liquidator or receiver of a company; or
(b)
the representative recognized by law of any person who has died,
become insolvent or bankrupt or assigned his estate, is an infant or a minor, is of
unsound mind or is otherwise under a disability;
“Minister” means the Minister of Justice, Legal and Parliamentary Affairs or any
other Minister to whom the President may assign the administration of this Act,
“Patents Act” means the Patents Act [Chapter 26:03];
“proprietor” means the proprietor as provided in section seven;
“Register” means the Register of Industrial Designs kept at the Designs Office under