The Laws of Zambia

14. Any person who is convicted of an offence under this Act shall be liable to a
fine not exceeding one hundred and fifty penalty units.

Offences and
penalties

(As amended by Act No. 13 of 1994)

15.

Evidence

In any proceedings under this Act-

(a)

a certificate issued in terms of section ten shall on its mere production be
admissible as prima facie evidence of the facts stated therein;

(b)

an affidavit purporting to be made by the chairman, secretary, headmaster
or other person duly authorised by an association or institution in which it is
stated that any specified person is not authorised to use, buy, sell or
otherwise acquire or dispose of any name, special name, designation,
uniform or badge registered by such association or institution shall on its
mere production be admissible as prima facie evidence of the facts stated
therein.

16. For the purpose of defraying the administrative expenses of the Board, there
shall be paid to the Board by an association or institution in respect of an application to
the Board such fees as may, by statutory notice, be prescribed by the Minister from time
to time.

17.

Prescribed fees

Savings

Nothing in this Act contained shall prohibit-

(a)

any person from using any name, special name, designation, uniform
badge in the course or for the purpose of a stage play or representation,
a music hall or circus performance, pageant, or production of
cinematograph film, if the name, special name, designation, uniform
badge is not used in such a manner or under such circumstances as
bring it into ridicule or contempt; or

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(b)

the continued use of any mark or device, whether or not protected under
the provisions of any written law relating to the registration of trade marks or
any amendment thereof, which has been bona fide used as a trade mark
before the commencement of this Act; or

(c)

the right of any person to use any name, special name, designation,
uniform or badge which at the commencement of this Act was in regular
use by such person; or

(d)

the right of any person to use any uniform or badge to the use of which
such person has bona fide become entitled by reason of his present or past
membership of any association or institution outside Zambia.

SUBSIDIARY LEGISLATION

PROTECTION OF NAMES, UNIFORMS AND BADGES

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

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