540 No. 22 of 2016]
Industrial Design
(2) A person shall not do any of the acts referred to in
subsection (1), without the written consent of the proprietor.
Nature of
registered
design right
57. (1) The registered design rights, referred to in section
twenty-two, shall be personal property, capable of being transferred
by any means by which such property may be lawfully transferred,
including assignment, mortgage, pledge, testamentary instrument
or operation of law.
(2) A transfer of a right, referred to in subsection (1), shall not
be effective unless it is in writing, signed by or on behalf of the
proprietor and registered with the Agency, in accordance with this
Act.
(3) A transfer of a right, as provided in subsection (1), binds
each successor in title to the proprietor, except a purchaser in good
faith for value without actual or constructive notice of the transfer
and a person who derives title from such purchaser.
(4) The Registrar shall record or cause to be recorded, in the
Register, all transfers of rights or interests undertaken in accordance
with this Act.
Joint owner
of registered
design
58. Where a design is registered to two or more proprietors,
the proprietors shall, subject to any agreement in force, be
considered as joint owners.
Limitations
of registered
design rights
59. (1) Despite any other provision of this Act, rights under
a registered design shall be limited to industrial or commercial
activities and shall not extend to the following:
(a) acts done by any person for scientific research;
(b) acts related to experimental use of the registered design;
(c) using of the design for teaching purposes;
(d) acts which include testing, making or selling of a registered
design, for purposes reasonably related to the
development and submission of information required
under any written law in Zambia or in a convention
country;
(e) the exploitation of the registered design beyond the duration
of the term of registration, as provided in this Act; and
(f) compulsory licences as provided in this Act; and
(g) the prohibition of the use of the registered design by the
Government or persons authorised by the Government,
as provided in this Act.