registration will expire and the conditions as to payment of fees and otherwise upon
which it may be renewed and if those conditions have not been duly complied within
the prescribed time, the Registrar may remove the design from the Register, subject to
such conditions, if any, as to its restoration to the Register as may be prescribed.
(5) Where a design has been removed from the Register for non-payment of the fee
for renewal, it shall nevertheless be deemed to be a registered design for the purpose
of any application for the registration of a design made within one year after the date
of the removal:
Provided that this subsection shall not apply where the Registrar is satisfied that—
(a)
there has been no bona fide use in Zimbabwe of the design that has
been removed during the three years immediately preceding its removal; or
(b)
no deception or confusion would be likely to arise from the use of the
design that is the subject of the application for registration through any previous use
of the design that has been removed from the Register.
(6) Where—
(a)
a design has been removed from the Register for non-payment of the
fee for renewal; and
(b)
the proprietor of the design—
(i)
applies in the prescribed manner within three years after the date of its
removal for it to be restored to the Register; and
(ii)
furnishes with his application a declaration in the prescribed form that
the design has bona fide been used in trade in Zimbabwe during the period from the
date of its removal, or provides reasons satisfactory to the Registrar as to why there
has been no such bona fide trade use;
the Registrar may, subject to any conditions referred to in subsection (4), restore that
design to the Register with effect from the date on which it was removed, and
thereupon that design shall be regarded for all purposes as though it had not been
removed from the Register.
(7) An appeal shall lie from any decision of the Registrar under this section.
(8) Notwithstanding any other provision of this section, copyright in a design that was
registered before the date of commencement of the Industrial Designs Amendment
Act, 2001, shall subsist for a period of fifteen years from the date of registration, and
its registration shall not be subject to renewal in terms of this section.
[Amended by Act 25 of 2001 with effect from the 1st March, 2002.]
17
Compulsory licence in respect of registered design
(1) At any time after a design has been registered, any person interested may apply to
the Registrar for the grant of a compulsory licence in respect of the design on the
ground that the design is not applied in Zimbabwe by any industrial process or means
to the article in respect of which it is registered to such an extent as is reasonable in
the circumstances of the case, and the Registrar may make such order on the
application as he thinks fit.
(2) An order for the grant of a licence in terms of subsection (1) shall, without
prejudice to any other method of enforcement, have effect as if it were a deed
executed by the registered proprietor and all other necessary parties, granting a
licence in accordance with the order.
(3) No order shall be made under subsection (1) which would be at variance with any
of the provisions of any convention to which Zimbabwe is a party.
(4) An appeal shall lie from any order of the Registrar under subsection (1).
PART V
USE OF REGISTERED DESIGNS FOR SERVICES OF STATE, ETC.
18
Use of registered designs for service of State
(1) Notwithstanding anything in this Act, any department of the State or any person
authorized in writing by the Minister may use any registered design for the service of
the State in accordance with this section.
(2) If and so far as a design has before the date of registration thereof been duly