526
No. 22 of 2016]
Industrial Design
(c) designs which comprise a flag, emblem, armorial bearings,
abbreviation, decoration, coat of arms or other official
sign and hallmark of Zambia or any other convention
country or intergovernmental organisation of which one
or more convention countries are State parties, used
without consent.
Novelty
17. (1) A design shall be considered new if no design, whose
features differ only in immaterial details, has been made available
to the public within Zambia or elsewhere before the release date.
(2) A design shall be considered to be available to the public
before the release date if it has been published, exhibited, or used
in trade or otherwise disclosed before the release date.
Individual
character
18. A design shall be considered to have individual character
if the overall impression it produces on an informed user differs
from the overall impression produced on such a user by any earlier
design, which has been made available to the public before the
release date of such a design.
Proprietorship
of designs
19. Subject to the other provisions of this Act or a written
agreement, the creator of a design shall be considered as the original
proprietor of a design, except where—
(a) a design is created in pursuance of a commission for money
or money’s worth, the person commissioning the design
shall be treated as the original proprietor of the design;
(b) a design is created by an employee in the course of
employee’s employment, the employer shall be
considered as the original proprietor of the design;
(c) a design becomes vested in a person other than the original
proprietor, either alone or jointly with the original
proprietor, such person, alone or jointly with the original
proprietor, as the case may be, shall be considered as
the proprietor or joint proprietors; or
(d) a design is generated by computer in a manner which
does not involve a human creator, the person who
arranges the computer program for the creation of such
design, shall be considered as the original proprietor.