(b)
that, by reason of a previous use of that artistic work, the design
would not have been registrable under this Act but for subsection (2) of
section twelve; and
(c)
that the copyright in that work under the written law relating to
copyright expired before the date of expiry of the copyright in the
design;
the copyright in the design shall, notwithstanding anything in this
section, be deemed to have expired at the same time as the copyright in
the artistic work, and shall not be renewable after that time.
(As amended by G.N. No. 187 of 1964)
16. (1) In proceedings for the infringement of copyright in a registered
design, damages shall not be awarded against a defendant who proves
that at the date of the infringement he was not aware, and had no
reasonable ground for supposing, that the design was registered; and a
person shall not be deemed to have been aware or to have had
reasonable ground for supposing as aforesaid by reason only of the
marking of an article with the word "registered" or any abbreviation
thereof, or any word or words expressing or implying that the design
applied to the article has been registered, unless the number of the
design accompanied the word or words or the abbreviation in question.
Exemption of
innocent
infringer from
liability for
damages
(2) Nothing in this section shall affect the power of the High Court to
grant an injunction or interdict in any proceedings for infringement of
copyright in a registered design.
(As amended by Act No. 16 of 1980)
17. (1) At any time after a design has been registered, any person
interested may apply to the Registrar for the grant of a compulsory
licence in respect of the design on the ground that the design is not
applied in Zambia by any industrial process or means to the article in
respect of which it is registered to such an extent as is reasonable in the
circumstances of the case; and the Registrar may make such order on the
application as he thinks fit.
(2) An order for the grant of a licence shall, without prejudice to any
other method of enforcement, have effect as if it were a deed executed
by the registered proprietor and all other necessary parties, granting a
Compulsory
licence in
respect of
registered
design