Industrial Design
[No. 22 of 2016
535
(c) that the design claimed in an application for registration is
not new as it was publicly known or publicly used in
Zambia or elsewhere before the priority date of that
claim;
(d) that, in the case of a convention application, the application
was not made within six months from the date of the
first application for protection of a design made in a
convention country by the applicant or a person from
whom the applicant derives title;
(e) that the use of the design would be contrary to law or
morality;
(f)that the application contains a material misrepresentation
or a false statement which the applicant knew of at the
time when the declaration was made;
(g) that the application for registration of a design is in
contravention of the rights of the person giving such
notice or of any persons under or through whom the
person claims; or
(h) that an application does not satisfy the requirements of
this Act.
44. (1) A person shall file, with the Registrar, a notice
opposing the registration of a design which shall be accompanied
by a statement of the particulars of the facts alleged in support of
any of the stated grounds opposing the grant.
(2) Where an applicant for the registration of a design wishes
to contest a notice opposing the registration of a design, as specified
in subsection (1), the applicant shall, within the prescribed period
or any such further period as the Registrar may allow, file, with the
Registrar, a counterstatement, setting out particulars of the grounds
on which the notice is contested.
(3) Any particulars referred to in subsection (2), may be
amended with the express permission of the Registrar.
(4) Evidence shall not be admitted to prove that a ground on
which any particular, referred to in subsection (2), has not been
filed, except with the express permission of the Registrar.
(5) Any person aggrieved by the decision of the Registrar may,
within three months of receiving the decision, appeal to the court.
Opposition
procedure
for
registration