Geographical Indications Law in Zambia
Here’s an overview of Geographical Indications (GI) law in Zambia:
🇿🇲 Geographical Indications Law in Zambia
1. Legal Framework
Geographical Indications are protected under the Trade Marks Act, Chapter 401 of the Laws of Zambia.
The Act is administered by the Patents and Companies Registration Agency (PACRA).
Zambia is a member of the World Trade Organization (WTO) and adheres to the TRIPS Agreement, which requires protection of GIs.
Zambia is also a member of the African Regional Intellectual Property Organization (ARIPO), which provides a regional framework for IP protection, including GIs.
2. Definition and Scope
A Geographical Indication refers to an indication used on goods that have a specific geographical origin and possess qualities, reputation, or characteristics essentially attributable to that origin.
GIs cover a broad range of products including:
Agricultural and food products
Handicrafts
Industrial products linked to a geographical origin
3. Protection of GIs
The law protects GIs against:
Unauthorized use or imitation
False or misleading indications of origin
Any use likely to deceive the public
Protection applies both to registered GIs and in some cases to unregistered but well-known indications.
4. Registration Process
While protection exists for unregistered GIs, registration with PACRA provides stronger legal enforceability.
Application requires:
Name of the GI
Description of the product and the geographical area
Evidence of the link between the product’s qualities/reputation and its origin
Product specifications and production methods
The application is examined and published to allow for opposition.
If there are no successful oppositions, the GI is registered.
5. Duration and Renewal
Registered GIs enjoy protection for 10 years.
Protection is renewable indefinitely for successive periods of 10 years.
6. Rights and Enforcement
Exclusive right to use the GI by authorized producers in the specified geographical area.
Ability to prevent unauthorized use or misleading use.
Enforcement through civil courts and administrative measures.
Customs authorities may assist in preventing import/export of infringing products.
7. International Treaties and Relations
Zambia protects foreign GIs under the TRIPS Agreement.
As an ARIPO member, Zambia participates in regional cooperation on GI protection.
Regional harmonization efforts aim to streamline GI protections across member states.
8. Examples
Potential Zambian GIs could include:
Zambian coffee
Local traditional crafts
Honey and agricultural products specific to certain regions
Summary Table
| Aspect | Details |
|---|---|
| Governing Law | Trade Marks Act, Chapter 401 |
| Registration Authority | Patents and Companies Registration Agency (PACRA) |
| Duration | 10 years, renewable |
| Eligible Products | Agricultural products, handicrafts, industrial products |
| Protection Types | Registered and some unregistered GIs |
| Enforcement | Civil, administrative, customs |
| International Compliance | TRIPS Agreement, ARIPO membership |
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