person aggrieved thereby may bring an action against him in the High
Court for any such relief as is mentioned in subsection (2).
proceedings
(2) Unless in any action brought by virtue of this section the defendant
proves that the acts in respect of which proceedings were threatened
constitute or, if done, would constitute, an infringement of the copyright
in a registered design, the registration of which is not shown by the
plaintiff to be invalid, the plaintiff shall be entitled to the following
relief, that is to say:
(a)
a declaration to the effect that the threats are unjustifiable;
(b)
and
an injunction or interdict against the continuance of the threats;
(c)
such damages, if any, as he has sustained thereby.
(3) For the avoidance of doubt, it is hereby declared that a mere
notification that a design is registered does not constitute a threat of
proceedings within the meaning of this section.
(4) The defendant in any such action as aforesaid may apply, by way of
counter-claim in the action, for any relief to which he would be entitled
in a separate action in respect of any infringement by the plaintiff of the
design to which the threats relate.
(As amended by G.N. No. 187 of 1964)
44. (1) When a party to proceedings before the Registrar is resident
outside Zambia, the Registrar may order such party to give security,
within such time as may be directed, for the costs of the proceedings.
(2) If the party ordered to give security for costs fails to do so within the
time directed, the Registrar may treat the proceedings as abandoned.
(3) Where a bond is to be given as security for costs, it shall, unless the
Registrar otherwise directs, be given to the party requiring the security.
(As amended by Act No. 16 of 1980)
Security for
costs and
taxation of costs