Provided that the period of copyright in a design registered by virtue of this section
shall not extend beyond the expiration of the period of copyright in the original
registered design.
(2) Where any person makes an application for the registration of a design in respect
of any article and either—
(a)
that design has been previously registered by another person in respect
of some other article; or
(b)
the design to which the application relates consists of a design
previously registered by another person in respect of the same or some other article
with modifications or variations not sufficient to alter the character or substantially to
affect the identity thereof;
then, if at any time while the application is pending the applicant becomes the
registered proprietor of the design previously registered, subsection (1) shall apply as
if at the time of making the application the applicant had been the registered
proprietor of that design.
11
Provisions for secrecy of certain designs
(1) Where, before or after the appointed day, an application for the registration of a
design has been made, and it appears to the Registrar that the design is one of a class
notified to him by the competent authority as relevant for defence purposes, he may
give directions for prohibiting or restricting the publication of information with
respect to the design or the communication of such information to any person or class
of persons specified in the directions.
(2) Regulations shall be made in terms of section fifty-eight for securing that the
representation or specimen of a design in the case of which directions are given under
subsection (1) shall not be open to inspection at the Designs Office during the
continuance in force of those directions.
(3) Where the Registrar gives any directions in terms of subsection (1), he shall give
notice of the application and of the directions to the competent authority and
thereupon the following provisions shall have effect, that is to say—
(a)
the competent authority shall, upon receipt of such notice, consider
whether the publication of the design would be prejudicial to the defence of
Zimbabwe and, unless a notice under paragraph (c) has previously been given by the
competent authority to the Registrar, shall reconsider that question before the
expiration of nine months from the date of lodging of the application for registration
of the design and at least once in every subsequent year;
(b)
for the purposes of paragraph (a), the competent authority may, at any
time after the design has been registered or, with the consent of the applicant, at any
time before the design has been registered, inspect the representation or specimen of
the design lodged in pursuance of the application;
(c)
if, upon consideration of the design, at any time it appears to the
competent authority that the publication of the design would not, or would no longer,
be prejudicial to the defence of Zimbabwe, the competent authority shall give notice
to the Registrar to that effect;
(d)
on the receipt of any notice in terms of paragraph (c), the Registrar
shall revoke the directions and may, subject to such conditions, if any, as he thinks fit,
extend the time for doing anything required or authorized to be done by or under this
Act in connection with the application or registration, whether or not that time has
previously expired.
(4) No person ordinarily resident or domiciled in Zimbabwe shall, while in
Zimbabwe, except under the authority of a written permit granted by or on behalf of
the Registrar, make or cause to be made any application outside Zimbabwe for the
registration of a design of any class prescribed for the purposes of this subsection
unless—
(a)
an application for registration of the same design has been made in
Zimbabwe not less than six weeks before the application outside Zimbabwe; and