(a)
an application for registration of the same design has been made
in Zambia not less than six weeks before the application outside
Zambia; and
(b)
either no directions have been given under subsection (2) in
relation to the application in Zambia or all such directions have been
revoked.
(6) If any person fails to comply with any direction given under this
section or makes or causes to be made an application for the registration
of a design in contravention of this section, he shall be guilty of an
offence.
(7) Where an offence under this section is committed by a body
corporate, every person who at the time of the commission of the
offence is a director, general manager, secretary or other similar officer
of the body corporate, or is purporting to act in any such capacity, shall
be deemed to be guilty of that offence unless he proves that the offence
was committed without his consent or connivance and that he exercised
all such deligence to prevent the commission of the offence as he ought
to have exercised having regard to the nature of his functions in that
capacity and to all the circumstances.
(As amended by G.N. No. 187 of 1964
and S.I. No. 175 of 1965)
12. (1) An application for the registration of a design shall not be
refused, and the registration of a design shall not be invalidated, by
reason only of(a)
the disclosure of the design by the proprietor to any other person
in such circumstances as would make it contrary to good faith for that
other person to use or publish the design;
(b)
the disclosure of the design in breach of good faith by any person
other than the proprietor of the design;
(c)
in the case of a new or original textile design intended for
registration, the acceptance of a first and confidential order for goods
bearing the design; or
Provisions as to
confidential
disclosure, etc.