INDUSTRIAL DESIGNS ACT (CHAPTER 26:02)

 

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

PRELIMINARY

Section

1. Short title.

PART II

ADMINISTRATION

3. Industrial Designs Office, Controller, registrars of industrial designs and other officers.
5. Register of Industrial Designs.

PART III

REGISTRABLEDESIGNS AND PROCEEDINGS FOR REGISTRATION

6. Designs registrable under Act.
7. Proprietorship of designs.
8. Persons entitled to apply for registration.
9. Application for registration.

9A.   Publication of application and opposition thereto

9B.   Registration

9C.   Effective date of registration

10. Registration of same design in respect of other articles, etc.
11. Provisions for secrecy of certain designs.
12. Provisions as to confidential disclosure, etc.
13. Convention applications.
14. Protocol on Patents and Industrial Designs.

PART IV

EFFECT OFREGISTRATION, ETC.

15. Right given by registration.
16. Period of copyright in registered design and renewal of registration Period of copyright.
17. Compulsory licence in respect of registered design.

PART V

USE OFREGISTERED DESIGNSFOR SERVICES OF STATE, ETC.

18. Use of registered designs for service of State.
19. Right of third parties in respect of State use.
20. Special provisions as to State use during emergency.
21. Reference of disputes as to State use.

PART VI

ASSIGNMENTS, CORRECTIONS AND CANCELLATION

22. Registration of assignments, etc.
23. Power of Registrar to authorize corrections.
24. Rectification of Register.
25. Cancellation of registration by Registrar.

PART VII

FUNCTIONS OF REGISTRAR IN RELATION TO CERTAIN EVIDENCE, DOCUMENTSAND POWERS

26. Evidence of certain entries and documents.
27. Inspection of registered designs.
28. Information as to existence of copyright.
29. Certificate of registration.
30. Copies of certificate of registration.
31. Exercise of discretionary powers of Registrar.
32. Proceedings before Registrar.
33. Registrar may award costs.
34. Power of Registrar to fix time and place of sitting and adjourn proceedings.

PART VIII

APPEALS AND LEGALPROCEEDINGS

35. Appeals from Registrar.
36. Time for appeals.
37. Powers of Tribunal on appeal.
38. References to Tribunal by Registrar.
39. Costs of Registrar.
40. [Repealed.]
41. [Repealed.]
42. [Repealed.]
43. [Repealed.]
44. [Repealed.]
45. Certification of validity.
46. Provisions relating to action for infringement.

46A. Remedies available in action for infringement.

46B. Orders without notice (Anton Piller orders)

47. Remedy for groundless threats of infringement proceedings.

47A  Restriction on importation or exportation of infringing articles

PART IX

OFFENCES AND PENALTIES

48. Falsification of certain documents.
49. Deceiving or influencing the Registrar or officer.
50. Witness giving false evidence.
51. Penalty for falsely representing design as registered.
52. [Repealed].

PART X

GENERAL

53. Recognition of agents.
54. Lodging and authentication of documents.
55. Provisions as to fees.
56. Publication of matters in Journal.
58. Power to make regulations.
59. [Repealed.]

SCHEDULE: Protocol

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.]

PART I

PRELIMINARY

1    Short title

This Act may be cited as the Industrial Designs Act [Chapter 26:02].

                       2    Interpretation

(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;