(2) An application for the registration of a design made by virtue of this
section shall not be refused, and the registration of a design on such an
application shall not be invalidated, by reason only of the registration or
publication of the design in the former Federation of Rhodesia and
Nyasaland or after the 1st January, 1964, the former Protectorate of
Northern Rhodesia or the Republic during the period specified in
proviso (i) to subsection (1) as that within which the application for
registration may be made.
(3) Where an applicant referred to in subsection (1) has applied for
protection for any design by an application which, in accordance with
the law of any convention country, is equivalent to an application duly
made in that convention country, he shall be deemed for the purposes of
this section to have applied in that convention country.
(As amended by G.N. No. 187 of 1964
and S.I. No. 175 of 1965)
13A. (1) In this section-
(a)
"ARIPO" means the African Regional Industrial Property
Organisation, formerly known as the Industrial Property Organisation
for English-Speaking Africa (ESARIPO), which was established, under
the former name, by an agreement adopted at Lusaka on 9th December,
1976; and
(b)
"ARIPO Protocol" means the Protocol on Patents and Industrial
Designs within the Framework of ARIPO, adopted at Harare on 10th
December, 1982.
(2) Where an industrial design has been registered by ARIPO under
section 4 (7) of the ARIPO Protocol and the Registrar has not objected,
under section 4 (3) of the Protocol, to the industrial design having effect
in Zambia, the design shall for all purposes be deemed to have been
registered under this Act.
(3) An industrial design shall not be deemed to have been registered
under this section if, under section 4 (3) of the ARIPO Protocol, the
Registrar objects to its having effect in Zambia.
ARIPO
industrial
designs