New Design Act for Zambia

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25 Aug 2016

Zambia has passed into law the new Industrial Design Act no 22 of 2016 repealing the Registered Designs Act of 1958. The new Design Act came into force on 6 June 2016. Some of the new provisions contained in the new Act are as follows:

  • Worldwide novelty requirements;
  • Grace period and exceptions in respect  of disclosure of the design in order to comply with novelty requirements;
  • Restoration of rights lost due to non-payment of  maintenance fees;
  • Amendment of a design application and
  • Opposition of design registration by 3rd party including the state.

The new Act also introduced changes in respect of the term of a registered design. The 1958 Act provided for a  registration term of five years extentable upon payment of renewal fees for two further five-year terms. According to the new Act, the term of registration is five years from the filing date renewable upon payment of renewal fees for a further period of five years. Furthermore, while the 1958 Act made provision for foreign filing licence in respect of new foreign design applications by a person ordinarily resident or domiciled in Zambia, the 2016 Act is silent in this regard.

For further updates, information and queries on copyright law, trade mark, patent and design filings in Zambia and across Africa, please contact [email protected]

(This article is provided for informational purposes only and not for the purpose of providing legal advice. For more information on the topic, please contact the author/s or the relevant provider.)
Nicky Garnett

Nicky Garnett is the Head of the Africa Patents Section of the Patent Department, a position she has held since 2008. Nicky is originally from Zimbabwe and moved to South... Read more about Nicky Garnett

Nthabisheng Phaswana

Nthabisheng Phaswana is a partner in the Africa Patent Department. She holds LLB and LLM (Mercantile Law) from the University of Pretoria. She was admitted as an attorney in 2005.... Read more about Nthabisheng Phaswana


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