PART III
REGISTRABLE DESIGNS AND PROCEEDINGS FOR
REGISTRATION
7. (1) Subject to the following provisions of this section, a design may, Designs
upon application made by the person claiming to be the proprietor, his registrable
assignee or legal representative, be registered under this Act in respect under Act
of any article or set of articles specified in the application.
(2) Subject to the provisions of this Act, a design shall not be registered
thereunder unless it is new or original and in particular shall not be so
registered in respect of any article if it is the same as a design which
before the date of the application for registration appears on the register
or has been published in the former Federation of Rhodesia and
Nyasaland or, after the 1st January, 1964, the former Protectorate of
Northern Rhodesia or the Republic in respect of the same or any other
article or differs from such a design only in immaterial details or in
features which are variants commonly used in trade.
(3) Regulations made by the Minister under this Act may provide for
excluding from registration thereunder designs for such articles, being
articles which are primarily literary or artistic in character, as the
Minister thinks fit.
(As amended by G.N. No. 187 of 1964
and S.I. No. 175 of 1965)
8. (1) Subject to the provisions of this section, the author of a design
shall be treated for the purposes of this Act as the proprietor of the
design:
Provided that where the design is executed by the author for another
person for valuable consideration, that other person shall be treated for
the purposes of this Act as the proprietor.
(2) Where a design, or the right to apply a design to any article, becomes
vested, whether by assignment, transmission or operation of law, in any
person other than the original proprietor, either alone or jointly with the
original proprietor, that other person, or, as the case may be, the original
Proprietorship
of designs