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