10 CAP. 401] Trade Marks Protectorate of Northern Rhodesia on the 24th October, 1964, shall continue of force and effect in Zambia for the unexpired portion of the period for which at that date it was of force and effect. (5) Subject to the provisions of this Act, the register of trade marks shall, at all convenient times, be open to inspection by the public, and certified copies. sealed with the seal of the Patent Office, of any entry in the register shall be given to any person requiring them on payment of the prescribed fee. (6) No notice of any trust, whether expressed, implied or con­ structive, shall be entered in the register, and the Registrar shall not be affected by any such notice. (As amended by S.J. No. 175 of 1965) PART III EFFECT OF REGISTRATION AND THE ACTION FOR INFRINGEMENT No action for infringement of unregis­ tered trade mark 7. No person shall be entitled to institute any proceedings to pre­ vent or to recover damages for the infringement of an unregistered trade mark, but nothing in this Act shall be deemed to affect rights of action against any person for passing off goods as the goods of another person or the remedies in respect thereof. .. Registration to be in respect of particular goods 8. A trade mark must be registered in respect of particular goods or classes of goods, and any question arising as to the class within which any goods fall shall be determined by the Registrar whose decision shall be final. Right given by registration in Part A and infringement thereof 9. (I) Subject to the provisions of this section and of sections twelve and thirteen, the registration of a person in Part A of the reg­ ister as proprietor of a trade mark in respect of any goods shall, if valid, give or be deemed to have given to that person the exclusive right to the use of the trade mark in relation to those goods and, with­ out prejudice to the generality of the foregoing words, that right shall be deemed to be infringed by any person who, not being the propri­ etor of the trade mark or a registered user thereof using by way of the permitted use, uses a mark identical with it or so nearly resembling it as to be likely to deceive or cause confusion in the course of trade in relation to any goods in respect of which it is registered and in such manner as to render the use of the mark likely to be taken either­ (a) as being used as a trade mark; or (h) in a case in which the use is use upon the goods or in phys­ ical relation thereto or in an advertising circular or other advertisement issued to the public, as referring­