Industrial Designs Law in Zimbabwe
In Zimbabwe, industrial designs are protected under the Industrial Designs Act [Chapter 26:02], which is administered by the Zimbabwe Intellectual Property Office (ZIPO). This Act provides a legal framework for the registration and protection of the aesthetic aspects of industrial products, such as their shape, configuration, pattern, or ornamentation.
🛡️ Legal Framework
Governing Legislation: Industrial Designs Act [Chapter 26:02]
Governing Authority: Zimbabwe Intellectual Property Office (ZIPO)
International Agreements: Zimbabwe is a member of the African Regional Intellectual Property Organization (ARIPO) and a signatory to the Harare Protocol, allowing for regional protection of industrial designs.
📝 Protection Criteria
To qualify for protection under the Industrial Designs Act, a design must:
Be New or Original: The design must not have been disclosed to the public before the filing date.
Be Aesthetic: The design must be judged solely by the eye and must not be dictated solely by the function of the article.
Be Applied to an Article: The design must be applied to an article by an industrial process.
📄 Registration Process
Application Submission: File an application with ZIPO, including:
A reproduction of the design.
Identification of the applicant.
Payment of the prescribed fees.
Examination: ZIPO examines the application to ensure compliance with formal requirements and assesses the design's novelty and originality.
Publication: If the design is accepted, it is published in the official gazette.
Opposition: Third parties may oppose the registration within two months from the publication date.
Grant: If no opposition is filed or if opposition is resolved in favor of the applicant, the design is registered.
📅 Duration and Renewal
Initial Term: The protection period is 10 years from the filing date.
Renewal: The registration can be renewed for an additional 5 years, totaling a maximum of 15 years.
No Grace Period: There is no grace period for renewal; failure to renew results in the design being removed from the register.
⚖️ Enforcement and Legal Remedies
Exclusive Rights: The registered proprietor has the exclusive right to make, import, or sell articles bearing the registered design
Infringement Actions: The proprietor can take legal action against unauthorized use of the design.
Criminal Offenses: It is a criminal offense to falsely represent that a design is registered or to mark an article with a design after its registration has expired.
Compulsory Licenses: Under certain conditions, the Registrar may grant a compulsory license if the design is not being used in Zimbabwe.
🌐 International Protection
ARIPO Filing: Applicants can file a regional application through ARIPO, designating Zimbabwe and other member states for protection.
Convention Applications: Zimbabwe honors priority claims under the Paris Convention for the Protection of Industrial Property.
📋 Summary Table
| Aspect | Details |
|---|---|
| Governing Law | Industrial Designs Act [Chapter 26:02] |
| Governing Authority | Zimbabwe Intellectual Property Office (ZIPO) |
| Protection Criteria | New or original, aesthetic, applied to an article |
| Registration Process | Application, examination, publication, opposition, grant |
| Duration | Initial 10 years, renewable for 5 years (max 15 years) |
| Renewal | No grace period; failure to renew results in removal from register |
| Enforcement | Exclusive rights, legal actions, criminal offenses, compulsory licenses |
| International Protection | ARIPO filing, Paris Convention priority claims |
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