Industrial Designs Law in Zambia
Zambia's industrial design protection is governed by the Industrial Designs Act, 2016 (Act No. 22 of 2016), which repealed the previous Registered Designs Act of 1958. The Act came into force on June 2, 2017, following the Industrial Designs Act (Commencement) Order, 2017 .(WIPO, ZambiaLII)
📝 What Is an Industrial Design?
An industrial design refers to the ornamental or aesthetic aspect of a product, encompassing features such as:
Lines
Contours
Colors
Shape
Surface structure
Materials(WIPO)
These elements must be new and have individual character compared to existing designs. Protection does not extend to purely functional or technical aspects of a product.
🛡️ Key Provisions of the Industrial Designs Act, 2016
1. Criteria for Protection
Absolute Novelty: Introduces the principle of "absolute novelty," meaning a design must be new and not have been disclosed to the public anywhere in the world before the filing date .(dreyfus.fr)
Individual Character: The design must create a different overall impression on an informed user compared to existing designs .(IPzen - IP management software)
2. Registration Process
Examination and Publication: The Act provides detailed procedures for the examination and publication of design applications.
Opposition Period: Introduces a two-month period during which third parties, including the State, can oppose the registration of a design after its publication .(dreyfus.fr)
3. Duration and Renewal
Initial Term: Protection lasts for 5 years from the filing date.
Renewal: The protection can be renewed once for an additional 5 years, bringing the total maximum protection duration to 10 years .
4. Licensing and Ownership
Licensing Contracts: Must be registered with the Registrar to be effective against third parties.(IPzen - IP management software)
Employee Designs: Specific provisions address designs created by employees, outlining ownership and rights .(IPzen - IP management software)
5. International Treaties
The Act aligns with international agreements, including:(WIPO)
Paris Convention for the Protection of Industrial Property (1883)(Parliament of Zambia)
Harare Protocol on Patents and Industrial Designs (1982)(Parliament of Zambia)
Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement, 1994)(WIPO)
This alignment facilitates international protection and recognition of Zambian industrial designs .
📌 Summary Table
Aspect
Details
Governing Legislation
Industrial Designs Act, 2016 (Act No. 22 of 2016)
Protection Criteria
Absolute novelty and individual character
Registration Process
Examination, publication, and opposition period
Duration of Protection
Initial 5 years, renewable once for an additional 5 years (total 10 years)
Licensing
Contracts must be registered to be effective against third parties
Employee Designs
Specific provisions on ownership and rights
International Treaties
Paris Convention, Harare Protocol, TRIPS Agreement
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