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INDUSTRIAL DESIGNS ACT (CHAPTER 26:02)
INDUSTRIAL DESIGNS ACT
Acts 17/1971, 39/1973, 15/1981, 29/1981, 40/1983, 12/1986 (s. 12), 11/1991 (s. 16), 20/1994 (s. 6), 22/2001 (s. 4), 25/2001.
ARRANGEMENT OF SECTIONS PART I
- Short title.
- Industrial Designs Office, Controller, registrars of industrial designs and other officers.
- Register of Industrial Designs.
REGISTRABLEDESIGNS AND PROCEEDINGS FOR REGISTRATION
- Designs registrable under Act.
- Proprietorship of designs.
- Persons entitled to apply for registration.
- Application for registration.
9A. Publication of application and opposition thereto
9C. Effective date of registration
- Registration of same design in respect of other articles, etc.
- Provisions for secrecy of certain designs.
- Provisions as to confidential disclosure, etc.
- Convention applications.
- Protocol on Patents and Industrial Designs.
EFFECT OFREGISTRATION, ETC.
- Right given by registration.
- Period of copyright in registered design and renewal of registration Period of copyright.
- Compulsory licence in respect of registered design.
USE OFREGISTERED DESIGNSFOR SERVICES OF STATE, ETC.
- Use of registered designs for service of State.
- Right of third parties in respect of State use.
- Special provisions as to State use during emergency.
- Reference of disputes as to State use.
ASSIGNMENTS, CORRECTIONS AND CANCELLATION
- Registration of assignments, etc.
- Power of Registrar to authorize corrections.
- Rectification of Register.
- Cancellation of registration by Registrar.
FUNCTIONS OF REGISTRAR IN RELATION TO CERTAIN EVIDENCE, DOCUMENTSAND POWERS
- Evidence of certain entries and documents.
- Inspection of registered designs.
- Information as to existence of copyright.
- Certificate of registration.
- Copies of certificate of registration.
- Exercise of discretionary powers of Registrar.
- Proceedings before Registrar.
- Registrar may award costs.
- Power of Registrar to fix time and place of sitting and adjourn proceedings.
APPEALS AND LEGALPROCEEDINGS
- Appeals from Registrar.
- Time for appeals.
- Powers of Tribunal on appeal.
- References to Tribunal by Registrar.
- Costs of Registrar.
- Certification of validity.
- Provisions relating to action for infringement.
46A. Remedies available in action for infringement.
46B. Orders without notice (Anton Piller orders)
- Remedy for groundless threats of infringement proceedings.
47A Restriction on importation or exportation of infringing articles
OFFENCES AND PENALTIES
- Falsification of certain documents.
- Deceiving or influencing the Registrar or officer.
- Witness giving false evidence.
- Penalty for falsely representing design as registered.
- Recognition of agents.
- Lodging and authentication of documents.
- Provisions as to fees.
- Publication of matters in Journal.
- Power to make regulations.
AN ACT to consolidate and amend the law relating to the registration of industrial designs; and to provide for matters incidental to or connected with the foregoing.
[Date of commencement: 1st April, 1972.]
1 Short title
This Act may be cited as the Industrial Designs Act [Chapter 26:02].
(1) In this Act—
“appointed day” means the 1st April, 1972;
“article” means any article of manufacture and includes any part of an article if that part is made and sold separately;
“artistic work” means a work of any of the following descriptions, that is to say—
- the following, irrespective of artistic quality, namely, paintings, sculptures, drawings, engravings and photographs;
- works of architecture, being either buildings or models for buildings;
- works of artistic craftsmanship, not falling within paragraph (a) or (b);
“assignee”, in relation to a design, means—
- a person who has derived his title to the design for Zimbabwe directly or indirectly from the proprietor thereof or from the proprietor's assignee; or
- the legal representative of a person referred to in paragraph (a);
“certificate of registration” means a certificate of registration issued in terms of section twenty-nine;
[Definition amended by Act 25 of 2001]
“Controller” means the Controller of Patents, Trade Marks and Industrial Designs appointed in terms of paragraph (a) of subsection (2) of section 3 of the Patents Act;
“Convention application” means an application made by a person referred to in subsection (2), as read with subsection (3), of section eight;