Industrial Design
[No. 22 of 2016
533
(3) Where a correction of a clerical error is proposed to be
made by the Registrar, other than upon a request referred to in
subsection (1), the Registrar shall inform the applicant, in the
prescribed manner, of the correction proposed to be made.
35. A person making an application for the registration of a
design may, at any time before registration, notification of rejection
or refusal to register, withdraw the application, in a prescribed
manner and upon payment of the prescribed fee.
Withdrawal
of
application
36. The Registrar may, at any time before an application for
the registration of a design is withdrawn, or the registration of a
design is granted, revoke the acceptance of the application, in the
prescribed manner, where the Registrar is satisfied that the
application contains a material misrepresentation or a false
statement which the applicant knew of at the time when the
declaration was made.
Revocation
of
acceptance
37. Subject to this Act, an application for the registration of a
design shall lapse where an applicant fails to amend the application
to the satisfaction of the Registrar, within the prescribe period, as
provided in subsection (2) of section thirty-nine, unless—
Lapse of
application
(a) an appeal has been lodged in respect of the application; or
(b) the period within which such appeal may be lodged has
not expired.
38. An applicant for the registration of a design or any other
application referred to in this Act, who is not resident in Zambia,
shall, for matters connected with or incidental to the filing and
processing of an application by the Registrar, operate through a
patent agent appointed in accordance with the Patents Act, 2016
Filing of
application
by nonresident
PART V
EXAMINATION, PUBLICATION AND OPPOSITION
39. (1) Where a person making an application for the
registration of a design has paid the prescribed fee and the
application has not lapsed, refused, withdrawn or treated as
withdrawn by the Registrar, the Registrar shall conduct a formalities
examination to ascertain compliance of the application with this
Act and its regulations.
Examination
for
compliance
with
requirements