Industrial Designs Act
- Commenced on 1 April 1972
- [This is the version of this document at 31 December 2016 and includes any amendments published up to 31 December 2017.]
- [Note: This version of the Act was revised and consolidated by the Law Development Commission of Zimbabwe]
Part I – Preliminary
1. Short titleThis Act may be cited as the Industrial Designs Act [Chapter 26:02].
Part II – Administration
3. Industrial designs office, controller, registrars of industrial designs and other officers
4. SealThe seal of the Patent Office kept in terms of the Patents Act shall also be the seal of the Designs Office, and impressions thereof made for the purposes of this Act shall be judicially noticed.[section amended by section 13 of Act 25 of 2001]
5. Register of industrial designs
Part III – Registrable designs and proceedings for registration
6. Designs registrable under Act
7. Proprietorship of designs
8. Persons entitled to apply for registration
9. Application for registration
9A. Publication of application and opposition thereto
9C. Effective date of registrationExcept as otherwise expressly provided by this Act, the effective date of registration of a design shall be the date on which the application for its registration was made or such other date, whether earlier or later than that date, as the Registrar may direct in any particular case:Provided that no proceedings shall be taken in respect of any infringement of copyright in that design where the infringement was committed before the date on which the certificate of registration for the design was issued.[section inserted by Act 25 of 2001]
10. Registration of same design in respect of other articles, etc.
11. Provisions for secrecy of certain designs
12. Provisions as to confidential disclosure, etc.
13. Convention applications
14. Protocol on patents and industrial designs
Part IV – Effect of registration, etc.
15. Right given by registration
16. Period of copyright in registered design and renewal of registration
17. Compulsory licence in respect of registered design
Part V – Use of registered designs for services of State, etc.
18. Use of registered designs for service of State
19. Right of third parties in respect of State use
20. Special provisions as to State use during emergency
21. Reference of disputes as to State use
Part VI – Assignments, corrections and cancellation
22. Registration of assignments, etc.
23. Power of Registrar to authorize corrections
24. Rectification of Register
25. Cancellation of registration by Registrar
Part VII – Functions of Registrar in relation to certain evidence, documents and powers
26. Evidence of certain entries and documents
27. Inspection of registered designs
28. Information as to existence of copyrightThe Registrar shall, on request made to him by any person furnishing such information as may enable the Registrar to identify the design, and on payment of the prescribed fee, inform that person whether the design is registered and, if so, in respect of what articles, the date of registration and the name and address of the registered proprietor.
29. Certificate of registrationThe Registrar shall issue a certificate of registration in the prescribed form to the registered proprietor of a design when the design is registered.
30. Copies of certificate of registrationThe Registrar may—
31. Exercise of discretionary powers of RegistrarWithout prejudice to any provision of this Act requiring the Registrar to hear any party to proceedings thereunder or to give to any such party an opportunity to be heard, the Registrar shall give to any applicant for registration of a design an opportunity to be heard before exercising adversely to the applicant any discretion vested in the Registrar by or under this Act.[section amended by section 13 of Act 25 of 2001]
32. Proceedings before Registrar
33. Registrar may award costs
34. Power of Registrar to fix time and place of sitting and adjourn proceedingsThe Registrar may in any proceedings held before him decide the hours, times and places at which he will sit and he may adjourn the proceedings for such time and to such place as he may think fit.
Part VIII – Appeals and legal proceedings
35. Appeals from RegistrarWhere this Act provides for an appeal against a decision of the Registrar, the appeal shall be made to the Tribunal in accordance with this Part and the Intellectual Property Tribunal Act [Chapter 26:06].[section substituted by section 7 of Act 25 of 2001]
36. Time for appealsAn appeal referred to in section thirty-five shall be lodged with the Tribunal within two months after the appellant was notified of the decision or order against which the appeal is brought or within such further time as the Tribunal may for good cause allow.[section substituted by section 7 of Act 25 of 2001]
37. Powers of Tribunal on appealWithout derogation from section 8 of the Intellectual Property Tribunal Act [Chapter 26:06], in any appeal under this Act the Tribunal may—
38. References to Tribunal by Registrar
39. Costs of RegistrarIn all proceedings before the Tribunal under this Act, the costs of the Registrar shall be in the discretion of the Tribunal, but the Registrar shall not be ordered to pay the costs of any of the other parties.
40. ***[section repealed by section 8 of Act 25 of 2001]
41. ***[section repealed by section 8 of Act 25 of 2001]
42. ***[section repealed by section 8 of Act 25 of 2001]
43. ***[section repealed by section 8 of Act 25 of 2001]
44. ***[section repealed by section 8 of Act 25 of 2001]
45. Certification of validityIn any legal proceedings in which the validity of the registration of a design is contested and is decided in favour of the registered proprietor of the design, the Tribunal or the court which gave the decision, as the case may be, may certify to that effect and, if it so certifies, then, in any subsequent legal proceedings in which the validity of the registration comes into question, the registered proprietor of the design, on obtaining a final order or judgment in his favour, shall have his full costs, charges and expenses as between legal practitioner and client, unless in those subsequent proceedings the Tribunal or the court concerned directs that he ought not to have them.[section amended by section 13 of Act 25 of 2001]
46. Provisions relating to action for infringement
46A. Remedies available in action for infringement
46B. Orders without notice (Anton Piller orders)
47. Remedy for groundless threats of infringement proceedings
47A. Restriction on importation or exportation of infringing articles
Part IX – Offences and penalties
48. Falsification of certain documentsAny person who—
49. Deceiving or influencing the Registrar or officer
50. Witness giving false evidenceAny person who, after having been sworn or having in lieu thereof made an affirmation or declaration, wilfully gives false evidence before the Registrar or the Tribunal concerning the subject-matter of the proceedings in question, knowing such evidence to be false or not knowing or believing it to be true, shall be guilty of an offence and liable to a fine not exceeding level seven or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.[subsection as amended by section 4 of Act No. 22 of 2001]
51. Penalty for falsely representing design as registered
52. ***[section repealed by Act No. 22 of 2001]
Part X – General
53. Recognition of agentsWhere by this Act any act has to be done by or to any person in connection with a design or any procedure relating thereto, the act may be done by or to an agent of that person duly authorized in the prescribed manner who is—
54. Lodging and authentication of documents
55. Provisions as to fees
56. Publication of matters in JournalThe Minister may direct the publication by the Registrar in the Journal of any reports of cases on designs and other relevant matters as the Minister may deem fit.
58. Power to make regulations
59. ***[section repealed by section 12 of Act 25 of 2001]
History of this document
01 April 1972