532
No. 22 of 2016]
Industrial Design
(3) Where an applicant fails to comply with the notification as
provided in subsection (2), the Registrar shall, in examining the
amended application, ignore the additional matter and notify the
applicant accordingly.
(4) Where an applicant for the registration of a design makes a
request to amend the application for the registration of a design, as
provided in subsection (1), after the Registrar has accepted the
application, the Registrar shall notify the applicant making the
request, to advertise the request in the Industrial Property Journal,
within a prescribed period.
(5) Where the request, referred to in subsection (4), has been
advertised by the applicant for the registration of a design, an
interested person may oppose the request within the prescribed
period and manner.
(6) Where opposition is made as provided in subsection (5),
the Registrar shall decide the matter.
(7) A person aggrieved by the decision of the Registrar under
subsection (6) may, within three months of receiving the decision,
appeal to the court.
Post-dating of
application
33. (1) At any time, after an application for the registration
of a design has been filed and before it is published, the Registrar
may, at the request of the applicant, made in the prescribed manner,
direct that the application be postdated.
(2) The Registrar shall not direct the postdating of an application
for the registration of a design, referred to in subsection (1), to a
period exceeding six months from the date on which the application
was filed.
(3) The Registrar shall not postdate an application for the
registration of a design where priority has been claimed by an
applicant, in Zambia or elsewhere, or the applicant’s successor or
predecessor in title, in a subsequent application which leaves any
rights outstanding.
Correction of
errors in
documents
34. (1) The Registrar may, on the request made by an
applicant for the registration of a design, authorise the correction
of a clerical error in a document filed with the Agency, on payment
of a prescribed fee.
(2) Where a request for the correction of an error referred to
in subsection (1), concerns drawings or illustrations of the design,
the correction must be obvious and immediately evident that nothing
else would be intended than what is offered as a correction.