"sell" includes to expose for sale or have in possession for the purpose of
sale or for any purpose of trade or commerce, and cognate expressions
shall be construed accordingly;
"trade description" means any description, statement or other indication,
direct or indirect, as to(a)
the number, quantity, measure, gauge or weight of any goods; or
(b)
the standard of quality of any goods, according to a classification
commonly used or recognised in the trade; or
(c)
the name of the manufacturer, producer, assembler or mixer of
any goods;
(d)
the place or country in which any goods were manufactured,
made, produced, assembled or mixed;
(e)
the fitness for purpose, strength, performance or behaviour of
any goods; or
(f)
the mode of manufacturing, producing, assembling or mixing of
any goods;
(g)
the material of which any goods are composed; or
(h)
the fact of any goods being the subject of an existing patent,
privilege or copyright;
and the use of any figure, word or mark which, according to the
custom of the trade, is commonly taken to be an indication of any of the
above matters shall be deemed to be a trade description within the
meaning of this Act;
"trade mark" means a mark which is used upon or in connection with
goods for the purpose of indicating that they are, by virtue of
manufacture, production, selection, certification, dealing with or
offering for sale, the goods of the proprietor or of a person who is, in
terms of any enactment in force within Zambia, the registered user
thereof.
(As amended by No. 17 of 1959 and G.N. No. 153 of 1964)