WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
intellectual Property Rights IP/N/1!ZWEIDI1 
15 August 2002 
(02-4458) 
Original: Englishl 
anglaisl 
inghSs 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
ZIMBABWE 
The present document reproduces the text1 of the following laws and regulations, as notified by Zimbabwe 
under Article 63.2 ofthe Agreement (see document IP!N/IZWE/2): 
Industrial Designs Act (Chapter 26:02). 
Industrial Designs Amendment Bill, 2001. 
Conseil des aspects des droits de propriete 
intelIectuelle qui touchent an commerce 
PRINCIPALES LOIS ET mtGLEMENTATIONS CONSACREES A LA 
PROPRUtTE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
ZIMBABWE Page 
2 
34 
Le present document contient le texte1 des lois et reglementations ci-apres, notifi6es par le Zimbabwe au titre 
de I'article 63:2 de l'Accord (voir le document IP/NIVZWE/2): 
Loi sur les dessins et modeles industriels (chapitre 26:02) 
Projet de loi de 2001 portant modification de la Loi sur les dessins et modeles industriels 
Consejo de los Aspectos de Ros Derechos de Propiedad 
bJ.teiectuan relacionados con el Comercio 
PRINCIP ALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOHFICADOS EN VIRTUD DEL PARRAFO 2 DEL 
ARTicuLO 63 DEL ACUERDO 
ZIMBABWE Page 
2 
34 
En el presente documento se reproduce el texto 1 de las siguientes leyes y reglamentos que Zimbabwe 
notifieD de conformidad con 10 dispuesto en el parrafo 2 del articulo 63 del Acuerdo (vease el documento 
IP/NIl/ZWE/2): 
Ley de Dibujos y Modelos Industriales (capitulo 26:02) 
Proyecto de Ley de Enmienda relativa a los Dibujos y Modelos Industriales, 2001 
1 In English only.lEn anglais seulement.lEn ingles solamente. Pagina 
2 
34 lP/Nil 
Page 2 
CHAPTER 26:02 
INDUSTRIAL DESIGNS ACT 
Acts 1711971,3911973,1511981,2911981,4011983,1211986 (s. 12), 11/1991 (s. 16), 2011994 
(s.6). 
Section 
1. 
2. ARRANGEMENT OF SECTIONS 
PART I 
PRELIMINARY 
Short title. 
Interpretation. 
PARTII 
ADMINISTRA. TION 
3. Industrial Designs Office, Controller, registrars of industrial designs and other 
officers. 
4. SeaL 
5. Register of Industrial Designs. 
PART HI 
REGISTRABLE DESIGNS AND PROCEEDINGS FOR REGISTRATION 
6. Designs registrable under Act. 
7. Proprietorship of designs. 
8. Persons entitled to apply for registration. 
9. Proceedings for registration. 
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. 
17. Compulsory licence in respect of registered design. Page 3 
PART V 
USE OF REGISTERED DESIGNS FOR SERVICES OF STATE, 
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 copyright. 
29. Certificate of registration. 
30. Copies of certificate of registration. 
31. Exercise of discretionary powers of Registrar. 
32. Proceedings before Registrar. 
33. Registrar may award costs. 
34. Power of Registrar to fix time and place of sitting and adjourn proceedings. 
PART VIII 
APPEALS AND LEGAL PROCEEDINGS 
35. Appeals from Registrar. 
36. Patents Tribunal to hear appeals. 
37. Right of audience. 
38. Security for costs and taxation of costs. 
39. Costs of Registrar. 
40. Appeals to Supreme Court. 
41. Assessors. 
42. Time for appeals. 
43. Rules. 
44. References to Tribunal by Registrar. 
45. Certification of validity. 
46. Provisions relating to action for infringement. 
47. Remedy for groundless threats of infringement proceedings. IPiN/I/ZWE/DI1 
Page 4 
PART IX 
OFFENCES AND PENAL TIES 
48. Falsification of certain documents. 
49. Deceiving or influencing the Registrar or officer. 
50. Witness giving false evidence. 
51. Penalty for falsely representing design as registered. 
52. Penalties. 
53. Recognition of agents. PART X 
GENERAL 
54. Lodging and authentication of documents. 
55. Provisions. as to fees. 
56. Publication of matters in Journal. 
57. Savings. 
58. Power to make regulations. 
59. Transitional provisions. 
SCHEDULE: Protocol 
AN ACT to consolidate and amend the law relating to the registration of indu.strial 
designs; and to provide for matters incidental to or connected with the foregoing. 
1 Short title [Date of commencement: 1 April 1972.] 
PART I 
PRELIMINARY (sections 1-2) 
This Act may be cited as the Industrial Designs Act [Chapter 26:02J. 
2 Interpretation 
(1) In this Act-
'appointed day' means the 1st April, 1972; 
'article' means any article ofmanufacrure.and includes any part of an article if that part is 
made and sold separately; 
'artistic work' means a work of any of the following descriptions, that is to say­
(a) the following, irrespective of artistic quality, namely, paintings, sculptures, 
drawings, engravings and photographs; 
(b) works of architecture, being either buildings or models for buildings; 
( c) works of artistic craftsmanship, not falling within paragraph (a) or (b); 
'assignee', relation to a design, means-IP/N/l/ZWE/DIl 
Page 5 
(a) a person who has derived his title to the design for Zimbabwe directly or indirectly 
from the proprietor thereof or from the proprietor's assignee; or 
(b) the legal representative of a person referred to in paragraph (a); 
I certificate of registration I means a certificate of registration issued in terms of section 
twenty-nine or the corresponding provision of the repealed Act; 
'Controller' means the Controller of Patents, Trade Marks and Industrial Designs 
appointed in terms of paragraph (a) of subsection (2) of section 3 of the Patents Act; 
'Convention application' means an application made by a person referred to in 
subsection (2), as read with subsection (3), of section eight; 
'Convention country' means a country or territory declared in terms of section 79 of the 
Patents Act to be a Convention country for the purposes of that Act; 
'copyright', in relation to a registered design, has the meaning assigned to it by subsection 
(1) of sectionfifteen; 
'Copyright Act' means the Copyright Act [Chapter 26:01]; 
'corresponding design', in relation to an artistic work, means a design which, when 
applied to an article, results in a reproduction of that work; 
'Court' means the High Court; 
'department of the State' means any­
(a) department of the State; or 
(b) statutory corporation or authority which is prescribed for the purposes of this 
definition; 
'design' means features of shape, configuration, pattern or ornamentation applied to an 
article by any industrial process or means, being features which in the finished article appeal 
to and are judged solely by the eye, but does not include a method or principle of 
construction or features of shape or configuration which are dictated solely by the function 
which the article to be made in that shape or configuration has to perform; 
'Designs Office' means the Industrial Designs Office established under section three; 
'exclusive licence' means a licence from the registered proprietor of the design which 
confers on the licensee, or the licensee and persons authorized by him, to the exclusion of all 
other persons, including the registered proprietor, any right in respect of the registered 
design; 
!Journal' means the Patent and Trade Marks Journal published in terms of section 95 of 
the Patents Act; 
'legal representative' means-
(a) the liquidator or receiver of a company; or 
(b) the representative recognized by law of any person who has died, become insolvent 
or bankrupt or assigned his estate, is an infant or a minor, is of unsound mind or is 
otherwise under a disability; IPINIlIZWE/D/1 
Page 6 
'Minister' means the Minister of Justice, Legal and Parliamentary Affairs or any other 
Minister to whom the President may assign the administration of this Act, 
'Patents Act' means the Patents Act [Chapter 26:03]; 
'proprietor' means the proprietor as provided in section seven; 
'Register' means the Register of Industrial Designs kept at the Designs Office under 
sectionfive; 
'registered proprietor', in relation to a design, means the person or persons for the time 
being entered in the Register as the proprietor of that design; 
'Registrar' means the Controller or a registrar of industrial designs appointed under 
paragraph (a) of subsection (3) of section three; 
'repealed Act' means the Registered Designs Act, 1958 (No. 12 of 1958); 
'set of articles' means a number of articles ofthe same general character ordinarily on 
sale or intended to be used together, to each of which the same design, or the same design 
with modifications or variations not sufficient to alter the character or substantially to affect 
the identity thereof, is applied; 
'Tribunal' means the Patents Tribunal established under the Patents Act. 
(2) Any reference in this Act to an article in respect of which a design is registered shall, 
in the case of a design registered in respect of a set of articles, be construed as a reference to 
any article of that set. 
(3) Any question arising under this Act whether a number of articles constitutes a set of 
articles shall be determined by the Registrar and, notwithstanding anything in this Act, any 
determination of the Registrar under this subsection shall be final. 
PARTH 
ADMLmSTRATION (sections 3-5) 
3 Industrial Designs Office, Controller, registrars of industrial designs and other 
officers 
(1) There shall be established an office, to be called the Industrial Designs Office, for the 
registration of designs and other matters in terms of this Act. 
(2) The Controller shall exercise general supervision and direction of the Industrial 
Designs Office. 
(3) The Minister shall appoint-
(a) one or more registrars of industrial designs who shall, subject to the control of the 
Controller, have all the powers conferred by this Act upon the Registrar; and 
(b) such examiners and other officers as the Minister considers necessary for the better 
carrying out of this Act. 
(4) An examiner or other officer referred to in paragraph (b) of subsection (3) shall, if the 
Minister so directs, have the power to do any act or thing which may be lawfully done by a 
registrar of industrial designs under this Act or any other enactment. 4 Seal rp/N/] IZWE/DIl 
Page 7 
The 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 or the repealed 
Act shall be judicially noticed. 
5 Register of Industrial Designs 
(1) There shall be kept at the Designs Office for the purposes of this Act a Register of 
Industrial Designs, in which shall be entered-
(a) particulars of all registered designs in force and of assignments and transmissions of 
such registered designs; and 
(b) notice of all matters which are required by or under this Act to be entered in the 
Register and of such other matters relating to registered designs as the Registrar 
thinks fit. 
(2) The register of designs established and kept under the repealed Act shall, under 
arrangements made by the Controller with the approval of the Minister, be incorporated with 
and form part of the Register of Industrial Designs established under subsection (1), so, 
however, that such arrangements shall in no way be deemed to extend the period of copyright 
in the registered design beyond the term provided in respect of such design by this Act. 
(3) Subject to this Act, the Register shall, at all convenient times, be open to inspection by 
the public, and a certified copy, sealed with the seal of the Patent Office, of any entry in the 
Register shall be given on payment of the prescribed fee to any person requiring it. 
(4) The Register shall be prima facie evidence of any matters required or authorized by or 
under this Act to be entered therein or which were required or authorized by or under the 
repealed Act to be entered in the register of designs referred to in subsection (2). 
(5) No notice of any trust, whether expressed, implied or constructive, shall be entered in 
the Register, and the Registrar shall not be affected by any such notice. 
PARTUI 
REGISTRABLE DESIGNS AND PROCEEDINGS FOR REGISTRATION (sections 
6-14) 
6 Designs registrable under Act 
(1) Subject to this Act, a design may be registered under this Act respect of any article 
or set of articles specified in the application. 
(2) Subject to this Act, a design shall not be registered under this Act unless it is new or 
original. 
(3) A design shall be deemed, for the purposes of this Act, to be a new or original design 
if, on or before the date of application for registration thereof, such design or a design which 
differs from such design only in immaterial l/ZWE/D/l 
Page 8 
details or in features which are variants commonly used in the trade, was not-
(a) kno'ivn or used in Zimbabwe by anyone other than the applicant, his agent or any 
person from or through whom the applicant has derived his right or title: 
Provided that secret knowledge or secret user otherwise than on a commercial 
scale shall be disregarded for the purposes of this paragraph; or 
(b) described or illustrated in a publication, whether in or outside Zimbabwe; or 
(c) registered in Zimbabwe; or 
(d) the subject of an application for the registration of a design in Zimbabwe or of an 
application in a Convention country for the registration of a design which has 
subsequently been registered in Zimbabwe in accordance with the provisions of 
section thirteen. 
(4) Regulations made under sectionfifty-eight 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. 
7 Proprietorship of designs 
(1) Subject to 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 proprietor and that other person shall be treated, for the purposes of this 
Act, as the proprietor of the design or as the proprietor of the design in relation to that article, 
as the case may be. 
8 Persons entitled to apply for registration 
(l) An application for the registration of a design may be made by any of the following 
persons-
(a) a person claiming to be the proprietor of the design; or 
Cb) an aSSIgnee; 
and may be made by that person either alone or jointly with any other person. 
(2) Without prejudice to subsection (1), an application for the registration of a design in 
respect of which an application for protection has been made in a Convention country may be 
made by the person by whom the application in the Convention country was made or by the 
assignee of that person: 
Provided that no application shall be made under this subsection after the expiration of six 
months from the date the application for protection was made in the Convention country or, 
where more than one such application has been made, from the date of the first such 
application. IP;N/1/ZWE/DIl 
Page 9 
(3) An application for the registration of a design may be made under subsection (1) or 
(2) by the legal representative of-
(a) a deceased person who, immediately before his death, was entitled to make such an 
application; or 
(b) a person under disability who, had it not been for such disability, would himself 
have been entitled to make such application. 
9 Proceedings for registration 
(1) An application for the registration of a design shall be made in the prescribed fonn 
and shall be lodged at the Designs Office in the prescribed manner. 
(2) For the purpose of deciding whether a design is new or original, the Registrar may 
make such searches, if any, as he thinks fit. 
(3) The Registrar may-
(a) refuse any application for the registration of a design; or 
(b) register the design in pursuance ofthe application subject to such modifications, if 
any, as he thinks fit. 
(4) An application which, owing to any default or neglect on the part of the applicant, has 
not been completed so as to enable registration to be effected within such time as may be 
prescribed shall be deemed to be abandoned. 
(5) Except as otherwise expressly provided by this Act, a design when registered shall be 
registered as of the date on which the application for registration was made or such other 
date, whether earlier or later than that date, as the Registrar may in any particular case direct: 
Provided that no proceedings shall be taken in respect of any infringement of copyright in 
that design committed before the date on which the certificate of registration thereof is 
issued. 
(6) An appeal shall lie from any decision of the Registrar under subsection (3). 
10 Registration of same design in respect of other articles, etc. 
(1) Where the registered proprietor of a design registered respect of any article makes 
an application for registration-
(a). in respect of one or more other articles, of the registered design; or 
(b) in respect of the same or one or more other articles, of a design consisting of the 
registered design with modifications or variations not sufficient to alter the character 
or substantially to affect the identity thereof; 
the application shall not be refused and the registration made on that application shall not be 
invalidated by reason only of the previous registration or publication of the registered design: 
Provided that the period of copyright in a design registered by virtue of this section shall 
not extend beyond the expiration of the period of copyright in the original registered design. lP/Nil IZ WE/DI 1 
Page 10 
(2) Where any person makes an application for the registration of a design in respect of 
any article and either-
Ca) that design has been previously registered by another person in respect of some 
other article; or 
(b) the design to which the application relates consists of a design previously registered 
by another person in respect of the same or some other article with modifications or 
variations not sufficient to alter the character or substantially to affect the identity 
thereof; 
then, if at any time while the application is pending the applicant becomes the registered 
proprietor of the design previously registered, subsection (1) shall apply as if at the time of 
making the application the applicant had been the registered proprietor of that design. 
11 Provisions for secrecy of certain designs 
(1) Where, before or after the appointed day, an application for the registration of a 
design has been made, and it appears to the Registrar that the design is one of a class notified 
to him by the competent authority as relevant for defence purposes, he may give directions 
for prohibiting or restricting the publication of infonuation with respect to the design or the 
communication of such information to any person or class of persons specified in the 
directions. 
(2) Regulations shall be made in terms of sectionfifty-eight for securing that the 
representation or specimen of a design in the case of which directions are given under 
subsection Cl) shall not be open to inspection at the Designs Office during the continuance in 
force of those directions. 
(3) Where the Registrar gives any directions in tenus of subsection (1), he shall give 
notice of the application and of the directions to the competent authority and thereupon the 
following provisions shall have effect, that is to say-
(a) the competent authority shall, upon receipt of such notice, consider whether the 
publication of the design would be prejudicial to the defence of Zimbabwe and, 
unless a notice under paragraph (c) has previously been given by the competent 
authority to the Registrar, shall reconsider that question before the expiration of nine 
months from the date of lodging of the application for registration of the design and 
at least once in every subsequent year; 
(b) for the purposes of paragraph (a), the competent authority may, at any time after the 
design has been registered or, with the consent of the applicant, at any time before 
the design has been registered, inspect the representation or specimen of the design 
lodged in pursuance of the application; 
(c) if, upon consideration of the design, at any time it appears to the competent 
authority that the pUblication of the design would not, or would no longer, be 
prejudicial to the defence of Zimbabwe, the competent authority shall give notice to 
the Registrar to that effect; 
Cd) on the receipt of any notice in tenus of paragraph (c), the Registrar shall revoke the 
directions and may, subject to such conditions, if any, as he thinks fit, extend the 
time for doing anything required or authorized to be done by or under this Act 
connection with the application or registration, whether or not that time has 
previously expired. . IPINIlIZWE/DI 1 
Page 11 
(4) No person ordinarily resident or domiciled in Zimbabwe shall, while in Zimbabwe, 
except under the authority of a written permit granted by or on behalf of the Registrar, make 
or cause to be made any application outside Zimbabwe for the registration of a design of any 
class prescribed for the purposes of this subsection unless-
(a) an application for registration of the same design has been made in Zimbabwe not 
less than six weeks before the application outside Zimbabwe; and 
Cb) either no directions have been given under subsection Cl) in relation to the 
application in Zimbabwe or all such directions have been revoked, 
(5) If any person fails to comply with any direction given under this section or makes or 
causes to be made an application for the registration of a design contravention of 
subsection (4), he shall be guilty of an offence. 
(6) wnere an offence under this section is committed by a body corporate, every person 
who at the time of the commission of the offence is a director, general manager, secretary or 
other similar officer of the body corporate, or is purporting to act in any such capacity, shall 
be deemed to be guilty of that offence unless he proves that-
Ca) the offence was committed without his consent or connivance; and 
Cb) he exercised all such diligence to prevent the commission of the offence as he ought 
to have exercised having regard to the nature of his functions in that capacity and to 
an the circumstances. 
(7) In this section-
I competent authority' means the Minister responsible for defence or any other Minister 
whom the President, by statutory instrument, designates as being the competent authority for 
the purposes of this ~ection. 
12 Provisions as to confidential disclosure, etc. 
(1) An application for the registration of a design shall not be refused and the registration 
of a design shall not be held to be invalid by reason only of-
(a) the disclosure ofthe design by the proprietor to any other person in such 
circumstances as would make it contrary to good faith for that other person to use or 
publish the design; or 
(b) the disclosure of the design in breach of good faith by any person other than the 
proprietor of the design; or 
( c) the acceptance of a first and confidential order for goods bearing the design; or 
(d) the communication of the design by the proprietor thereof to a department of the 
State or to any person authorized by the Minister to consider the merits of the design 
or of anything done in consequence of such a communication; or 
(e) the exhibition at an industrial or international exhibition, certified as such by the 
Minister, or the exhibition elsewhere during the period of the holding of such an 
exhibition without the privity or consent of the proprietor, of a design or of any 
article to which a design is applied or the publication during the holding of any such 
exhibition of a description, illustration or specimen of such design if-IP 1Nl lIZWE/D!1 
Page 12 
(i) the exhibitor, before exhibiting the design or article or publishing a description, 
illustration or specimen of the design, gives the Registrar the prescribed notice 
of his intention to do so; and 
(ii) the application for registration is made before or within six months from the 
date of the opening of the exhibition. 
(2) Wbere copyright subsists in an artistic work and an application is made by, or with the 
consent of, the owner of that copyright for the registration of a corresponding design, that 
design shall not be treated for the purposes of this Act as being other than new or original by 
reason only of any use previously made of the artistic work, unless-
(a) the previous use consisted of or included the sale, letting for hire or offer for sale or 
hire of articles to which the design in question, or a design differing from it only as 
mentioned in subsection (3) of section six, had been applied industrially, other tban 
articles of a description specified in regulations referred to in subsection (4) of 
section six; and 
(b) that previous use was made by, or with the consent of, the owner of the copyright in 
the artistic work. 
13 Convention applications 
(1) The registration of a design as a result of an application by a person in terms of 
subsection (2), as read with 
subsection (3), of section eight shall have the same date as the date of the application in the 
Convention country or, where more than one such application for protection has been made, 
the date of the first such application: 
Provided that no proceedings shall be taken in respect of any infringement of copyright in 
that design committed before the date on which the certificate of registration thereof is 
issued. 
(2) A Convention application shall not be refused, and the registration of a design on such 
an application shall not be held to be invalid, by reason only of the registration or publication 
of the design in Zimbabwe during the period specified in the proviso to subsection (2) of 
section eight as that within which the application for registration may be made. 
(3) Wbere 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 shan be deemed, for 
the purposes of this section, to have applied in that Convention country. 
14 Protocol on Patents and Industrial Designs 
Cl) Subject to this section, the Protocol set out in the Schedule, which was contracted 
within the framework of the African Regional Industrial Property Organization, shall have 
the force of law within Zimbabwe. IPINIlIZWE/DIl 
Page 13 
(2) Any industrial design, in respect of which Zimbabwe is a designated State, registered 
in accordance with the Protocol set out in the Schedule shall have, mutatis mutandis, the 
same effect in Zimbabwe as an industrial design granted under this Act subj ect to such 
exceptions, additions, adaptations and modifications as may be necessary to provisions of the 
Protocol. 
(3) Subject to subsection (2) of section eight, an industrial design registered under the 
Protocol set out in the Schedule, shall have, mutatis mutandis, such protection, where 
applicable, as is afforded under the Patents Act [Chapter 26:03] to a patent granted in 
fulfilment of any international agreement in respect of a Convention country under the 
provisions of section 80 of that Act. 
PART IV 
EFFECT OF REGISTR.4.TION, ETC. (sections 15-17) 
15 Right given by registration 
(1) The registration of a design under this Act shall give to the registered proprietor the 
copyright in the registered design, that is to say, the exclusive right in Zimbabwe to make or 
import for sale or for use for the purposes of any trade or business or to sell, hire or offer for 
sale or hire any article in respect of which the design is registered, being an article to which 
the registered design or a design not substantially different from the registered design has 
been applied, and to make anything for enabling any such article to be made as aforesaid. 
(2) Subject to this Act, the registration of a design shall have the same effect against the 
State as it has against a subject. 
16 Period of copyright 
(1) Copyright in a registered design shall, subject to this Act, subsist for a period of 
fifteen years from the date of registration, whether registered before, on or after the appointed 
day< 
(2) Where, in the case of a registered design, it is shown that-
(a) the design, at the time when it was registered, was a corresponding design in relation 
to an artistic work in which copyright existed under the Copyright Act or any law 
repealed by that Act; and 
(b) by reason of 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) the copyright in that work under the Copyright Act or any law repealed by that Act 
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 
17 Compulsory licence in respect of registered design 
(l) At any time after a design has been registered, any person interested may apply to the 
Regi!;trar for the grant of a compulsory licence in respect of the design on the ground that the 
design is not applied in Zimbabwe 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. lP/N/l/ZWE!D/] 
Page 14 
(2) An order for the grant of a licence in terms of subsection (1) 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 licence in accordance with the 
order. 
(3) No order shall be made under subsection Cl) which would be at variance with any of 
the provisions of any convention to which Zimbabwe is a party. 
(4) An appeal shall lie from any order of the Registrar under subsection (1). 
PART V 
USE OF REGISTERED DESIGNS FOR SERVICES OF STATE, ETC. 
(sections 18-21) 
18 Use of registered designs for service of State 
(1) Notwithstanding anything in this Act, any department of the State or any person 
authorized in writing by the Minister may use any registered design for the service of the 
State in accordance with this section. 
(2) If and so far as a design has before the date of registration thereof been duly recorded 
by or applied by or on behalf of a department of the State otherwise than in consequence of 
the communication thereof directly or indirectly by the registered proprietor or any person 
from whom he derives title, any use of the design by virtue of subsection (1) may be made 
free of any royalty or other payment to the registered proprietor. 
(3) If and so far as a design has not been so recorded or applied as is mentioned in 
subsection (2), any use of the design made by virtue of subsection (1) at any time after the 
date of registration thereof or in consequence of any such communication as is mentioned in 
subsection (2) shall be made upon such terms as may be agreed upon, either before or after 
the use, between the Minister and the registered proprietor with the approval of the Minister 
of Finance or as may, in default of agreement, be determined by the Tribunal on a reference 
under subsection (1) of section twenty-one. 
(4) The authority of the Minister in respect ofa design may be given under subsection 
(1)-
(a) either before or after the design is registered and either before or after the acts in 
respect of which the authority is given are done; and 
(b) to any person, whether or not he is authorized directly or indirectly by the registered 
proprietor to use the design. 
(5) Where any use of a design is made by a department of the State or any person 
authorized by the Minister under subsection (l), then, unless it appears to the Minister that it 
would be contrary to the public interest so to do, the Minister shall notify the registered 
proprietor as soon as practicable after the use is begun and furnish him with such information 
as to the extent of the use as he may from time to time require. 
(6) For the purposes of this Part, any use of a design for the supply to the government of 
any country outside Zimbabwe, in pursuance of any agreement or arrangement between the 
Government of Zimbabwe and the government of that country, of articles required for the 
defence of that country shall be deemed to be a use of the design for the service of the State, 
and the power of a department of the State or a person authorized by the Minister under 
subsection (1) to use a design shall include power-IPIN/lIZWE/DIl 
Page 15 
(a) to sell such articles to the government of any country in pursuance of any such 
agreement or arrangement as aforesaid; and 
(b) to sell to any person any articles made in the exercise of the powers conferred by 
this section which are no longer required for the purpose for which they were made. 
(7) The purchaser of any articles sold in the exercise of powers conferred by this section 
and any person claiming through him shall have power to deal with them in the same manner 
as if the rights in the registered design were held on behalf of the State. 
19 Right of third parties in respect of State use 
(1) In relation to any use of a registered design or a design in respect of which an 
application for registration is pending, made for the service of the State-
(a) by a department of the State or a person authorized by the Minister under section 
eighteen; or 
(b) by the registered proprietor or applicant for registration to the order of a department 
of the State; 
the provisions of any licence, assignment or agreement made, whether before, on or after the 
appointed day, between the registered proprietor or applicant for registration or any person 
who derives title from him or from whom he derives title and any person other than a 
department of the State shall be of no effect so far as those provisions restrict or regulate the 
use of the design or any model, document or information relating thereto or provide for the 
making of payments in respect of any such use or calculated by reference thereto, and the 
reproduction or publication of any model or document in connection with the said use shall 
not be deemed to be an infringement of any copyright subsisting in the model or document. 
(2) Where an exclusive licence granted otherwise than for royalties or other benefits 
determined by reference to the use of the design is in force under the registered design, 
Ca) in relation to any use of the design which, but for this section and section eighteen, 
would constitute an infringement of the rights of the licensee, subsection (3) of 
section eighteen shall have effect as if for the reference to the registered proprietor 
there were substituted a reference to the licensee; and 
(b) in relation to any use of the design by the licensee by virtue of an authority given 
under section eighteen, that section shall have effect as if subsection (3) thereof 
were omitted. 
(3) Subject to the provisions of subsection (2), where the registered design or the right to 
apply for or obtain registration of the design has been assigned to the registered proprietor in 
consideration of royalties or other benefits determined by reference to the use of the design, 
then-
(a) in relation to any use of the design by virtue of section eighteen-
(i) subsection (3) of that section shall have effect as if the reference to the 
registered proprietor included a reference to the assignor; and 
(ii) any sum payable by virtue of that subsection shall be divided between the 
registered proprietor and the assignor in such proportions as may be agreed 
upon between them or as may, in default of agreement, be determined by the 
Tribunal on a reference under section twenty-one; IP/N/1/ZWEIDIl 
Page l6 
and 
Cb) in relation to any use of the design made for the service of the State by the registered 
proprietor to the order of a department of the State, subsection (3) of section 
eighteen shall have effect as if that use were made by virtue of an authority given 
under that section. 
(4) Where, under subsection (3) of section eighteen, payments are required to be made by 
a department of the State to a registered proprietor in respect of any use of a design, any 
person being the holder of an exclusive licence under the registered design, not being such a 
licence as is mentioned subsection (2) of this section, authorizing him to make that use of 
the design shall be entitled to recover from the registered proprietor such part, if any, of those 
payments as may be agreed upon between that person and the registered proprietor or as may, 
in default of agreement, be determined by the Tribunal on a reference under section 
twenty-one to be just having regard to any expenditure incurred by that person-
(a) in developing the said design; or 
(b) in making payments to the registered proprietor, other than royalties or other 
payments determined by reference to the use of the design, in consideration of the 
licence; 
and if, at any time before the amount of any such payment has been agreed upon between the 
department of the State and the registered proprietor, that person gives notice in writing of 
his interest to the department, any agreement as to the amount of that payment shall be of no 
effect unless it is made with his consent. 
20 Special provisions as to State use during emergency 
(1) During any period of emergency the powers exercisable in relation to a design by a 
department ofthe State or a person authorized by the Minister under section eighteen shall 
include power to use the design for any purpose which appears to the Minister necessary or 
expedient- . 
(a) for the efficient prosecution of any war which Zimbabwe may be engaged; or 
Cb) for the maintenance of supplies and services essential to the life of the community; 
or 
( c) for securing a sufficiency of supplies and services essential to the well-being of the 
community; or 
(d) for promoting the productivity of industry, commerce or agriculture; or 
( e) for fostering and directing exports and reducing imports or imports of any classes 
from all or any countries and for redressing the balance of trade; or 
(j) generally for ensuring that the whole resources of the community are available for 
use, and are used, in a manner best calculated to serve the interests of the 
community; or 
(g) for assisting the relief of suffering and the restoration and distribution of essential 
supplies and services in Zimbabwe or any foreign country that is in grave distress as 
the result of war; 
and any reference in this Part to the service of the State shall be construed as including a 
reference to the purposes referred to in paragraphs (a) to (g). (2) subsection (1)-lP/Nil /ZWE/DIl 
Page 17 
'period of emergency' means any period beginning on such date as may be declared by 
the Minister, by statutory instrument, to be the commencement and ending on such date as 
may be so declared to be the termination of a period of emergency. 
21 Reference of disputes as to State use 
(1) Any dispute as to-
(a) the exercise by a department of the State or a person authorized by the Minister of 
the powers conferred by section eighteen; or 
( b) the terms for the use of a design for the service of the State thereunder; or 
(c) the right of any person to receive any part of a payment made in pursuance of 
subsection (3) of section eighteen; 
may be referred to the Tribunal by any party to the dispute in such manner as may be 
prescribed. 
(2) In any proceedings under this section to which a department of the State is a party, the 
department of the State may-
(a) ifthe registered proprietor is a party to the proceedings, apply for cancellation of the 
registration of the design upon any ground upon which the cancellation of the 
registration of a design may be ordered by the Tribunal under section twenty-five; 
(b) in any case, put in issue the validity of the registration of the design without 
applying for its cancellation. 
(3) If, in any proceedings under this section, any question arises whether a design has 
been recorded or applied as mentioned in section eighteen and the disclosure of any 
document recording the design or of any evidence of the application thereof would, in the 
opinion of the Minister, be prejudicial to the public interest, the disclosure may be made 
confidentially to the legal practitioner, if any, appearing for the other party or to an 
independent expert agreed upon by the parties. 
(4) In determining under this section any dispute between a department of the State and 
any person as to terms for the use of a design for the service of the State, the Tribunal shall 
have regard to any benefit or compensation which that person or any person from whom he 
derives title may have received or may be entitled to receive, directly or indirectly, from any 
department of the State in respect of the design in question. 
PART VI 
ASSIGNMENTS, CORRECTIONS i\ND CANCELLATION (sections 22-25) 
22 Registration of assignments, etc. 
(1) Where any person becomes entitled-
(a) ?y assi~nment, transmission or operation oflaw to a registered design or to a share 
m a regIstered design; or IPINll/ZW.E/D/l 
Page 18 
(b) as mortgagee, licensee or otherwise to any other interest in a registered design; 
he may apply to the Registrar in the prescribed manner for the registration of his title as 
proprietor or co-proprietor or, as the case may be, of notice of his interest in the Register. 
(2) Without prejudice to subsection (1), an application for the registration ofthe title of 
any person becoming entitled-
(a) by assignment to a registered design or a share in a registered design; or 
(b) by virtue of a mortgage, licence or other instrument to any other interest in a 
registered design; 
may be made the prescribed manner by the assignor, mortgagor, licenser or other party to 
that instrument, as the case may be. 
(3) Where application is made under this section for the registration of title of any person, 
the Registrar shall, upon proof of title to his satisfaction-
(a) where that person is entitled to a registered design or a share in a registered design, 
register him in the Register as proprietor or co-proprietor of the design and enter in 
the Register particulars of the instrument or event by which he derives title; or 
(b) where that person is entitled to any other interest in the registered design, enter in 
the Register notice of his interest, with particulars of the instrument, if any, creating 
it. 
(4) Subject to any rights vested in any other person of which notice is entered in the 
Register, the person or persons registered as proprietor of a registered design shall have 
power to assign, grant licences under or otherwise deal with the design and to give effectual 
receipts for any consideration for any such assignment, licence or dealing. 
(5) Except for the purposes of an application to rectify the Register under the provisions 
of this Part, a document in respect of which no entry has been made in the Register under 
subsection (3) shall not be admitted in any proceedings as evidence of the title of any person 
to a registered design or share of, or interest in, a registered design unless the Tribunal or the 
Court otherwise directs. 
23 Power of Registrar to authorize corrections 
(1) The Registrar may authorize the correction of-
Ca) any clerical error or omission or error in translation in any application for the 
registration, or in the representation, of a design; or 
Cb) any error in the Register. 
(2) A correction may be made in terms of subsection (1) either upon a request in writing 
made by any person interested and accompanied by the prescribed fee or without such a 
request. 
(3) Where it is proposed to make a correction otherwise than upon a request in writing, 
the Registrar shall give notice of the proposal to the registered proprietor or the applicant for 
registration of the design, as the case may be, and to any other person who appears to him to 
be concerned, and shall give any such person an opportunity to be heard before the correction 
is made. 24 Rectification of Register IP/N/I/ZWE/D/l 
Page 19 
(1) The Tribunal may, on the application of any person aggrieved, order the Register to be 
rectified by the making of any entry therein or the variation or deletion of any entry therein. 
(2) The Tribunal may determine any question which it may be necessary or expedient to 
decide in connexion with the rectification of the Register. 
(3) Notice of any application to the Tribunal in terms of subsection (1) shall be given in 
the prescribed manner to the Registrar and to any other person appearing from the Register to 
be interested in the design, and the Registrar and any such person shall be entitled to appear 
and be heard on the application. 
(4) A notice of any order made by the Tribunal under this section shall be served on the 
Registrar in the prescribed manner, and the Registrar shall, on receipt of the notice, rectify 
the Register accordingly. 
25 Cancellation of registration by Registrar 
(1) Registrar may, upon a request made in the prescribed manner by the registered 
proprietor, cancel the registration of a design. 
(2) At any time after a design has been registered any person interested may apply to the 
Registrar for the cancellation of the registration of the design-
(a) on the ground that-
(i) the design was not, at the date of the registration thereof, new or original; or 
(ii) the design, at the time when it was registered, was a corresponding design in 
relation to an artistic work in which copyright subsisted under the Copyright 
Act or any law repealed by that Act; or 
(iii) by reason of a previous use ofthat artistic work, the design would not have been 
registrable under this Act but for subsection (2) of section t'vvelve; or 
(iv) the copyright in that work under the Copyright Act has expired; 
or 
(b) on any other ground on which the Registrar could have refused to register the 
design; 
and the Registrar may make such order on the application as he thinks fit. 
(3) An appeal shall lie from any order of the Registrar under subsection (2). 
PART VU 
FUNCTIONS OF REGISTRAR IN RELATION TO CERTAIN EVIDENCE, 
DOCUMENTS AND POWERS (sections 26-34) 
26 Evidence of certain entries and documents 
(1) A certificate purporting to be signed by the Registrar and certifying that any entry, the 
making of which is or was at the time authorized by or under this Act or the repealed Act, has 
or has not been made or that any other thing which is or was at the rime so authorized to be 
done has or has not been done shall be prima facie evidence of the matters so certified. IPINI1IZWE/DI I 
Page 20 
(2) A copy of any entry in the Register or of any representation, specimen or document 
kept in the Designs Office or an extract from the Register or any such document purporting 
to be certified by the Registrar and sealed with the seal of the Patent Office shall be admitted 
in evidence without further proof and without production of the originaL 
27 Inspection of registered designs 
(I} Subject to this section and of any regulation referred to in subsection (2) of section 
eleven, the representation or specimen of a design registered under this Act shall be open to 
public inspection at the Designs Office on and after the day on which the certificate of 
registration is issued. 
(2) In the case of a design registered respect of an article of any class prescribed for the 
purposes of this subsection, no representation or specimen of the design lodged in pursuance 
of the application shall, until the expiration of such period after the day on which the 
certificate of registration is issued as may be prescribed in relation to articles of that class, be 
open to public inspection at the Designs Office except by-
Ca) the registered proprietor or a person authorized in writing by the registered 
proprietor; or 
(b) a person authorized by the Registrar, the Tribunal or the Court: 
Provided that where the Registrar proposes to refuse an application for the registration of 
any other design on the ground that it is the same as the first-mentioned design or differs 
from that design only in immaterial details or in features which are variants commonly used 
in the trade, the applicant shall be entitled to inspect the representation or specimen of the 
first-mentioned design lodged in pursuance of the application for registration of that design. 
(3) The representation or specimen of a design referred to in subsection (2) shall not, 
during the period prescribed as referred to in that subsection, be inspected by any person by 
virtue of that subsection except in the presence of the Registrar or of an officer acting under 
him and, except in the case of an inspection authorized by the proviso to that subsection, the 
person making the inspection shall not be entitled to take a copy of the representation or 
specimen of the design or any part thereof. 
(4) Where an application for the registration of a design has been abandoned or refused, 
neither the application for registration nor any representation or specimen of the design 
lodged in pursuance thereof shall at any time be open to public inspection at the Designs 
Office or be published by the Registrar. 
28 Information as to existence of copyright 
The 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 registration 
The 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 registration 
The Registrar may-IP/N/l/ZWE/DII 
Page 21 
(a) where he is satisfied that the certificate of registration has been lost or destroyed; or 
(b) in any other case in which he thinks it expedient; 
furnish one or more copies of the certificate of registration. 
31 Exercise of discretionary powers of Registrar 
Without prejudice to 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. 
32 Proceedings before Registrar 
(1) Evidence in any proceedings before the Registrar under this Act shall be given by 
affidavit, so, however, that the Registrar may, ifhe thinks fit in any particular case, take oral 
evidence on oath in lieu of or in addition to such evidence as aforesaid and may allow any 
witness to be cross-examined on his affidavit or oral evidence. 
(2) For the purposes of any proceedings before the Registrar under this Act, the Registrar 
shall have the same powers, rights and privileges as are conferred upon a commissioner by 
the Commissions of Inquiry Act [Chapter 1 0:07J, other than the power to order a person to 
be detained in custody, and sections 9 to 13 and 15 to 19 of that Act shall apply, mutatis 
mutandis, in relation to the hearing and detennination of any matter before the Registrar 
under this Act and to any person summoned to give evidence or giving evidence before mm. 
33 Registrar may award costs 
(1) In any proceedings before the Registrar under this Act, the Registrar may award to 
any party such costs as he may consider reasonable and may direct how and by what parties 
they are to be paid. 
(2) Any costs awarded by the Registrar in terms of subsection (1) shall be taxed by the 
registrar of the Tribunal and payment thereof may be enforced in the same manner as if they 
were costs allowed by the Tribunal. 
34 Power of Registrar to fix time and place of sitting and adjourn proceedings 
The 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. 
PARTVIH 
APPEALS AND LEGAL PROCEEDINGS (sections 35-47) 
35 Appeals from Registrar 
Where this Act provides for an appeal from a decision of the Registrar, such appeal shall 
be made to the Tribunal. IP/N/lIZWE/DI1 
Page 22 
36 Patents Tribunal to hear appeals 
(1) The Tribunal shall, in connection with any proceedings before it under this Act, have 
all the powers of the Supreme Court and, without prejudice to the foregoing and to the other 
powers conferred upon it by this Act, the Tribunal shall have power to make any order for the 
purpose of securing the attendance of any person, the discovery or production of any 
document or the investigation or punishment of any contempt of court which the Supreme 
Court has power to make. 
(2) The procedure and practice of the Tribunal shall, save as otherwise provided for by 
rules made under this Part, be those prevailing in the Supreme Court in so far as the same are 
applicable, and if any matter should arise which is not contemplated by either such procedure 
and practice or such rules the Tribunal may give instructions regarding the course to be 
pursued, which instructions shall be binding on all parties. 
(3) Upon any appeal to the Tribunal under this Part, the Tribunal may-
(a) confirm, set aside or vary the order or decision in question; 
(b) exercise any of the powers which could have been exercised by the Registrar in 
proceedings in connection with which the appeal is brought; 
(c) make such order as to costs as it may think fit. 
(4) For the purposes of this Act, the Tribunal shall sit at such times and places as it may 
appoint. 
(5) In any proceedings before it, the Tribunal may accept evidence by affidavit or take 
oral evidence on oath and allow any witness to be cross-examined on his affidavit or oral 
evidence. 
37 Right of audience 
In any proceedings before the Tribunal under this Act, the parties to such proceedings may 
appear in person or be represented and appear by a legal practitioner and, in any case where 
the Tribunal deems fit, it may grant to the Registrar leave to intervene and he may thereafter 
appear or be so represented. 
38 Security for costs and taxation of costs 
(1) If any party to proceedings before the Registrar or the Tribunal or an appellant is 
resident outside Zimbabwe, the Registrar or the Tribunal may order such party or appellant to 
give security, within such time as may be directed, for the costs of the proceedings or appeaL 
(2) the party or appellant ordered to give security for costs fails to do so within the time 
directed, the Registrar or the Tribunal may treat the proceedings or appeal as abandoned. 
(3) Where a bond is to be given as security for costs, it shall, unless the Registrar or the 
Tribunal otherwise directs, be given to the party requiring the security. 
(4) Unless otherwise agreed between the parties, any costs awarded in terms of subsection 
(3) of section thirty-six shall be taxed by the registrar of the Tribunal in accordance with rules 
made under this Part, which taxation shall be subject to appeal to the Tribunal, and any such 
costs may be recovered by action in a court of competent jurisdiction. 39 Costs of Registrar JP!N! l/ZWE/D! 1 
Page 23 
In 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 Appeals to Supreme Court 
(1) Any party to proceedings before the Tribunal under this Act may appeal from any 
order or decision of the Tribunal to the Supreme Court. 
(2) Upon the hearing of an appeal under subsection (1), the Supreme Court may, without 
prejudice to its other powers-
(a) confirrn, set aside or vary the order or decision in question; 
(b) remit the proceedings to the Tribunal with such instructions for further 
consideration, report, proceedings or evidence as it may think fit to give; 
(e) exercise any of the powers which could have been exercised by the Tribunal in the 
proceedings in connection with which the appeal is brought; 
(d) make such order as to the costs of the appeal or of earlier proceedings in the matter 
before the Tribunal as it may think fit. 
41 Assessors 
The Tribunal may appoint any person with special expert knowledge to act as an assessor 
in an advisory capacity in 
any case where it appears to the Tribunal that such knowledge is required for the proper 
determination of the case. 
42 Time for appeals 
Appeals under this Part, whether from decisions of the Registrar or orders or decisions of 
the Tribunal, shall be brought within three months after the date of the decision or order in 
question or within such further time as the Tribunal or Supreme Court may allow upon 
application by the appellant concerned. 
43 Rules 
The Minister may make rules for regulating generally the practice and procedure of the 
Tribunal under this Act and with respect to appeals or references to the Tribunal under this 
Act as to-
(a) the time within which any requirement of the rules is to be complied with; 
(b) the costs and expenses of and incidental to any proceedings before the Tribunal; 
(e) the fees to be charged in respect of proceedings before the Tribunal; 
( d) the fees to be paid to assessors; 
and in particular may make rules providing for the summary determination of any appeal 
which appears to the Tribunal to be frivolous or vexatious or to be brought for the purpose of 
delay. IP/NilIZWE/D/l 
Page 24 
44 References to Tribunal by Registrar 
(1) When any matter to be decided by the Registrar under this Act appears to him to 
involve a point of law or to be of unusual importance or complexity, he may, after givin~ 
notice to the parties, refer such matter to the Tribunal for a decision and shall thereafter, m 
relation to such matter, act in accordance with the decision of the Tribunal or any decision 
substituted therefor on appeal to the Supreme Court. 
(2) Where any matter has been referred to the Tribunal in terms of subsection (1), the 
Registrar and the parties shall be entitled to be heard by the Tribunal before any decision is 
made in such matter and may appear or be represented in accordance with section 
thirty-seven. 
45 Certification of validity 
In 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 
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 Court directs that he ought not to have them. 
46 Provisions relating to action for infringement 
(1) An action for infringement of copyright in a registered design may only be instituted 
by the proprietor of the registered design or the exclusive licensee. 
(2) An action for infringement of copyright in a registered design shaH be heard and 
determined by the Court and, subject to any rules made by the Court, the foHowing 
provisions shall apply in connection therewith-
(a) any ground upon which the registration of a design may be cancelled in terms of 
subsection (2) of section tvventy-five may be relied upon by way of defence; 
Cb) the defendant may, by way of counterclaim in the action, apply for the cancellation 
of the registration of the design; 
(c) the plaintiff shall, with his statement of claim or declaration or on the order of the 
Court at any subsequent time, deliver full particulars of the infringement 
complained of; 
(cl) the defendant shall, with his statement of defence or plea or on the order of the 
Court at any subsequent time, deliver particulars of any objections on which he 
relies in support thereof; 
(e) at the hearing no evidence shall, except by leave of the Court, be admitted of any 
infringement or on any objections of which particulars have not been so delivered in 
terms of paragraph (c) or (d). 
(3) In any action under this section where an exclusive licensee is the plaintiff, the 
registered proprietor shall, unless he is joined as plaintiff in such action, be added as 
defendant: 
Provided that a registered proprietor so added as defendant shall not be liable for any costs 
unless he enters an appearance and takes part in the proceedings. IPlN/l/ZWE/DI1 
Page 25 
(4) If the registered proprietor is the plaintiff in any action under this section, he shall 
give notice thereofto the exclusive licensee of the design in question and any such licensee 
shall be entitled to intervene as a co-plaintiff and to recover any damages he may have 
suffered as a result of the infringement. 
(5) No action under this section shall lie in respect of an infringement which took place 
before the registration of the design. 
(6) No action for infringement of copyright in a registered design may be instituted more 
than three years after the expiration of the period of copyright in that design. 
(7) In an action for infringement of copyright in a registered design the plaintiff shall be 
entitled to relief by way of interdict and damages and the Court may, on application, make 
such order for an interdict, damages, inspection or account and impose such terms and give 
such directions as it may deem fit: 
Provided that in awarding damages the Court shall take into account any dilatory conduct 
on the part of the proprietor of the registered design or plaintiff in making the infringer aware 
of the registration of the registered design. 
(8) Where-
(a) there has been a change in the proprietorship of a registered design, whether by 
virtue of assignment, transmission or operation oflaw; or 
(b) an exclusive licence has been granted in respect of a registered design; 
no damages for the infringement of the copyright in that registered design shall be 
recoverable by the new proprietor or co-proprietor or the exclusive licensee, as the case may 
be, in respect of any infringement of that copyright during the period from the date of the 
change in the proprietorship or the grant of the exclusive licence, as the case may be, until the 
registration in terms of section twenty-two of that change in proprietorship or grant of 
exclusive licence, as the case may be, unless such registration was effected within six months 
of the change in proprietorship or grant of exclusive licence. 
47 Remedy for groundless threats of infringement proceedings 
(1) Where any person, whether entitled to or interested in a registered design or an 
application for registration of a design or not, by circulars, advertisements or otherwise 
threatens any other person with proceedings for infringement of the copyright in a registered 
design, any person aggrieved thereby may bring an action against him in the Court in 
accordance with the rules of Court for any such relief as is mentioned in subsection (2). 
(2) Unless, in any action brought by virtue of subsection (1), the defendant proves that the 
acts 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) an injunction against the continuance of the threats; 
(c) such damages, if any, as he has sustained thereby. IP/N/J/ZWE/DIl 
Page 26 
(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 subsection Cl)· 
(4) The defendant in any action brought in terms of subsection (1) 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 copyright in the design to which the 
threats relate. 
PART IX 
OFFENCES AND PENALTIES (sections 48-52) 
48 Falsification of certain documents 
Any person who-
(a) makes or causes to be made a faise entry in the Register, knowing the entry to be 
false; or 
Cb) makes or causes to be made or produces or tenders or causes to be produced or 
tendered in evidence, any writing falsely purporting to be a copy of an entry in the 
Register, knowing the writing to be false;shall be guilty of an offence. 
49 Deceiving or influencing the Registrar or officer 
Cl) Any person who, for the purpose of-
Ca) deceiving the Registrar or examiner or any other officer of the Designs Office in the 
execution of this Act; or 
Cb) procuring or influencing the doing or omission of anything in relation to this Act or 
the repealed Act or any matter thereunder; 
makes or submits a false statement or representation, whether orally or in writing, knowing 
the same to be false, shall be guilty of an offence. 
(2) Any person who, having innocently made a false statement or representation, whether 
orally or in writing, for the purpose of procuring or influencing the doing or omission of 
anything in relation to this Act or the repealed Act or any matter thereunder and who, on 
becoming aware that such statement or representation was false, fails to advise the Registrar 
forthwith of such falsity, shall be guilty of an offence. 
50 Witness giving false evidence 
Any 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. 
51 Penalty for falsely representing design as registered 
(1) Any person who-
(a) falsely represents that a design applied to any article sold by him is registered in 
respect of that article; or IP/N/1/ZWE/DI1 
Page 27 
Cb) after the copyright in a registered design has expired, marks any article to which the 
design has been applied with the word 'registered' or any word or words implying 
that there is a subsisting copyright in the design or causes any such article to be so 
marked; 
shall be guilty of an offence and liable to a fine not exceeding one hundred dollars or to 
imprisonment for a period not exceeding six months or to both such fine and such 
imprisonment. 
(2) For the purpose of subsection Cl), a person who sells an article on which he has, or has 
caused to have, stamped, engraved or impressed or to which he has, or has caused to have, 
otherwise applied the word 'registered' or any other word expressing or implying that the 
design is registered shall be deemed to represent that the design applied to the article is 
registered in respect pf that article. 
52 Penalties 
Save where otherwise specifically provided in this Act, any person who is guilty of an 
offence under this Act shall be liable to a fine not exceeding one thousand dollars or to 
imprisonment for a period not exceeding three years or to both such fine and such 
imprisonment. 
53 Recognition of agents PART X 
GENERAL (sections 53-59) 
Where 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-
(a) a legal practitioner; or 
(b) registered as a patent agent in the Register of Patent Agents kept in terms of the 
Patents Act; or 
(c) registered as a trade mark agent in the Register of Trade Mark Agents kept in terms 
of the Trade Marks Act [Chapter 26:04]. 
54 Lodging and authentication of documents 
(1) Any application, notice or document authorized or required under this Act to be 
lodged, made or given at the Designs Office or to the Registrar or to any other person, may 
be delivered by hand or sent by registered post. 
(2) No authentication shall be required in respect of any document lodged in the Designs 
Office under this Act or used in proceedings before the Registrar or the Tribunal. 
55 Provisions as to fees 
(1) Where, under this Act, a fee is payable-
(a) in respect of the performance of any act by the Registrar, the Registrar shall not 
perform that act until the fee has been paid; or IP/N/lIZWE/D/l 
Page 28 
(b) in respect of the doing of any act by any person other than the Registrar, the act shall 
be deemed not to have been done until the fee has been paid; or 
(c) in respect of the lodging of a document, the document shall be deemed not to have 
been lodged until the fee has been paid. 
(2) All fees shall be paid at the Designs Office such manner as the Registrar, with the 
approval of the Minister, may accept. 
56 Publication of matters in Journal 
The 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. 
57 Savings 
(1) Nothing in this Act shall be construed as authorizing or requiring the Registrar to 
register a design the use of which would, in his opinion, be contrary to law or morality. 
(2) Nothing in this Act shall affect the right of the State or of any person deriving title 
directly or indirectly from the State to sell or use articles forfeited to the President under the 
provisions of any enactment. 
58 Power to make regulations 
(1) The Minister may make regulations prescribing anything which under this Act is to be 
prescribed and generally for the better carrying out ofthe objects and purposes ofthis Act or 
to give force or effect to its provisions or for its better administration. 
(2) Regulations made by the Minister may provide for-
(a) the form of applications for registration of designs and of any representations or 
specimens of designs or other documents which may be lodged at the Designs 
Office, and for requiring copies to be furnished of any such representations, 
specimens or documents; 
(b) the procedure to be followed in connection with any application or request to the 
Registrar or any proceedings before him and the authorizing of the rectification of 
irregularities of procedure; 
(c) the service of notices and other documents required to be served in connection with 
proceedings under this Act; 
(d) a tariff ofthe fees which shall be payable in respect of any application, registration 
or other matter under this Act; 
(e) determining the circumstances in which a design is to be taken, for the purposes of 
section 12 of the Copyright Act, to be applied industrially; 
(j) the conduct of the business of the Designs Office; 
(g) authorizing the publication and the sale of copies of representations of designs and 
other documents in the Designs Office. 59 Transitional p:rovisions 
Notwithstanding the repeal of the repealed Act-IPINl1lZWE/D/l 
Page 29 
(a) any design which was registered before the appointed day under the repealed Act 
and in which copyright subsisted immediately before that day shall be treated as 
though it had been registered under the corresponding provision of this Act and this 
Act shall apply thereto; 
(b) any licence granted before the appointed day in respect of a design referred to in 
paragraph (a) which was in force immediately before that day shall continue in force 
as though it had been granted in temlS of this Act. 
SCHEDULE (Section 14) 
PROTOCOL 
on Patents and Industrial Designs Within the Framework of the African Regional Industrial 
Property Organization (ARlPO) 
Preamble 
The Contracting States of this Protocol, 
Having regard to the Agreement on the creation of African Regional Industrial Property 
Organization concluded in Lusaka (Zambia) on December 9, 1976, and in particular to its 
Article III (C), in accordance with the objectives of the Organization include the 
establishment of such common services or organs as may be necessary or desirable for the 
co-ordination, harmonization and development of the industrial property activities affecting 
its members. 
Considering the advantages to be gained by the pooling of resources in respect of industrial 
property administration. 
Hereby agree as follows: 
SECTION 1 
General 
The African Regional Industrial Property Organization (ARIPO) is empowered to grant 
patents and to register industrial designs and to administer such patents and industrial designs 
on behalf of the Contracting States in accordance with the provisions of this Protocol, 
through its Secretariat (hereinafter referred to as 'the Office'). 
SECTION 2 
Filing and Transmittal of Applications 
(1) Applications for the grant of patents or the registration of industrial designs by the 
Office shall be filed by the authorized representative of the applicant or by the applicant with 
the industrial property office of a Contracting State. An applicant may be represented by an 
attorney, agent or legal practitioner who has the right to represent applicants before the 
industrial property office of the Contracting State with which the application is filed and, 
where the applicant's ordinary residence or principal place of business is outside the country, 
he shall be so represented. 
(2) The industrial property office with which the application is filed shall, without delay, 
transmit that application to the Office. IP/N/1/ZWE/DIl 
Page 30 
(1) A patent application shall-
(i) identify the applicant; SECTION 3 
Patents 
(ii) contain, as prescribed, a description of the invention, a claim or claims, a 
drawing or drawings, where necessary, and an abstract; 
(iii) designate the Contracting States for which the patent is requested to be granted; 
(iv) be subject to the payment of the prescribed fees. 
(2)(a)The Office shall examine whether the formal requirements for applications have 
been complied with and shall accord the appropriate filing date to the application. 
Cb) If the Office finds that the application does not comply with the formal 
requirements, it shall notify the applicant accordingly, inviting him to comply with 
the requirements within the prescribed period. If the applicant does not comply with 
the requirements within the said period, the Office shall refuse the application. 
(c) The Office shall notify each designated State ofthe fact that a patent application has 
been filed which complies with the prescribed formal requirements. 
(3) The Office shall undertake, or arrange for, the substantive examination of the patent 
application. If it finds that the invention claimed in the application does not comply with the 
requirements of patentability referred to in subsection (9), it shall refuse the application. 
(4) Where under subsection (2) (b) or (3) the Office refuses the application, the applicant 
may, within the prescribed period, request the Office to reconsider the matter. 
(5) lfthe Office decides to grant the patent, it shall notify the applicant and each 
designated State. Where the examination was based on a search report or an examination 
report, a copy of the same shall be attached to the said notification. 
(6) Before the expiration of six months from the date of the notification referred to in 
subsection (5), a designated State may make a written communication to the Office that, if a 
patent is granted by the Office, that patent shall have no effect in its territory for the reason-
(i) that the invention is not patentable in accordance with the provisions of this 
Protocol; or 
(ii) that, because of the nature of the invention, a patent cannot be registered or 
granted or has no effect under the national law of that State. 
(7) After the expiration of the said six months, the Office shall grant the patent, which 
shall have effect in those designated States which have not made the communication referred 
to in subsection (6). The Office shall publish the patent granted. 
(8) If the Office refuses the application notwithstanding a request for reconsideration 
under subsection (4), the applicant may, within three months from being notified of such 
refusal, request that his application be treated, in any designated State, as an application 
according to the national law of that State. IPINl1lZWE/D/l 
Page 3] 
(9) Inventions for which patents are granted by the Office shall be new, shall involve an 
inventive step and shall be industrially applicable. An invention is new if it is not anticipated 
by prior art. Everything made available to the public anywhere in the world by means of 
written disclosure (including drawings and other illustrations) or by use or exhibition shall be 
considered prior art provided that such making available occurred before the date of filing of 
the application or, if priority is claimed, before the priority date validly claimed in respect 
thereof and further provided that a disclosure of the invention at an official or officially 
recognized exhibition shall not be taken into consideration if it occurred not more than six 
months before the date of filing of the application or, if priority is claimed, before the priority 
date validity claimed in respect thereof. 
(l0) On each anniversary of the filing of the application, the Office shall collect the 
prescribed annual maintenance fee, part of which shall be distributed among the designated 
States concerned. The amount of the fee shall depend on the number of States in respect of 
which the application or patent is maintained. Provided it is maintained, a patent granted by 
the Office shall in each designated State have the same effect as a patent registered, granted 
or otherwise having effect under the applicable national law but not beyond the maximum 
duration provided for under the said law. 
(11) A patent granted by the Office shall in each designated State be subject to provisions 
of the applicable national law on compulsory licences, forfeiture or the use of patent 
inventions in the public interest. 
SECTION 4 
Industrial Designs 
(l) An application for the registration of an industrial design filed shall-
(i) identify the applicant; 
(ii) contain a reproduction of the industrial design; 
(iii) designate the Contracting States for which the registration is requested to have 
effect; 
(iv) be subject to the payment of the prescribed fees. 
(2) (a) The Office shall examine whether the formal requirements for applications have 
been complied with and shall accord the appropriate filing date to the application. 
(b) lithe Office finds that the application does not comply with the formal 
requirements, it shall notify the applicant accordingly, inviting him to comply with 
the requirements within the prescribed period. If the applicant does not comply with 
the requirements within the said period, the Office shall refuse the application. 
(c) The Office shall notify each designated State of the fact that an application for the 
registration of an industrial design has been filed which complies with the 
prescribed formal requirements. 
(3) Before the expiration of six months from the date of the notification referred to in 
subsection (2) (c), each designated State may make a written communication to the Office 
that, if the industrial design is registered by the Office, that registration shall have no effect in 
its territory for the reason-
(i) that the industrial design is not new; IP/N/lIZWElDll 
Page 32 
(ii) that, because of the nature of the industrial design, it cannot be registered or a 
registration has no effect under the national law of that State; or 
(iii) that, in the case of a textile design, it is the subject a special register. 
(4) After the expiration of the said six months, the Office shall effect the registration of 
the industrial design which shall have effect in those designated States which have not made 
the communication referred to subsection (3). The Office shall publish the registration. 
(5) If the Office refuses the application, the applicant may, within three months from 
being notified of such refusal, request that his application be treated, in any designated State, 
as an application according to the national law of that State. 
(6) On each anniversary ofthe filing of the application, the Office shall collect the 
prescribed annual maintenance fee, part of which shall be distributed among the designated 
States concerned. The amount of the fee shall depend on the number of States in respect of 
which the application or registration is maintained. Provided it is maintained, the registration 
of an industrial design effected by the Office shall in each designated State have the same 
effect as a registration effected or otherwise in force under the applicable national law but not 
beyond the maximum duration provided for under the said law. 
(7) An industrial design registered by the Office shall in each designated State be subject 
to the provisions of the 
applicable national law on compulsory licences or the use of registered industrial designs in 
the public interest. 
SECTIONS 
Regulations 
(1) The Administrative Council of ARlPO shall make Regulations for the implementation 
of this Protocol and may amend them, where necessary. 
(2) The Regulations shall in particular relate to-
(i) any administrative requirements, matters of procedure or any details necessary 
for the implementation of the provisions of this Protocol and any relevant 
international treaties; 
(ii) the fees to be charged by the Office and the details of the distribution of part of 
those fees among the Contracting States. 
SECTION 6 
Enby Into Force and Final Provisions 
(1) (a) Any State which is a member ofthe Organization or any State to which 
membership of the Organization is open in accordance with Article IV (1) of the Agreement 
on the Creation of the Creation of the African Regional Property Organization may become 
party to this Protocol by-
(i) signature followed by the deposit of an instrument of ratification; or 
(ii) deposit of an instrument of accession. 
(b) Instruments of ratification or accession shall be deposited with the Government of the 
Republic of Zimbabwe. IPINIlIZWE/DI1 
Page 33 
( c) This Protocol shall enter into force three months after three States have deposited their 
instruments of ratification or accession. 
(d) Any State which is not party to this Protocol upon its entry into force under subsection 
(1) (c) of this Section shall become bound by this Protocol three months after the date on 
which such State deposits its instrument of ratification or accession. 
(2) (a) Ratification of, or accession to, this Protocol shall entail acceptance of the 
Agreement on the Creation of the Creation of the African Regional Property Organization. 
(b) The deposit of an instrument of ratification of, or accession to, this Protocol by a State 
which is not a party to the Agreement referred to in paragraph (a) of this subsection shall 
have the effect that the said State shall become party to the said Agreement on the date on 
which it deposits its instrument of ratification of, or accession to, this Protocol. 
(3) (a) Any Contracting State may denounce this Protocol by notification addressed to the 
Government of the Republic of Zimbabwe. 
Cb) Denunciation shall take effect six months after receipt of the said notification by the 
Government of the Republic of Zimbabwe. It shall not affect any patent application or 
application for the registration of an industrial design filed with the Office prior to the 
expiration of the said six-month period or any patent granted or registration of an industrial 
design effected upon such an application. 
(4) (a) This Protocol shall be signed in a single copy and shall be deposited with the 
Government of the Republic of Zimbabwe. 
(b) The Government of the Republic of Zimbabwe shall transmit certified copies of this 
Protocol to the Contracting States, other States members of the African Regional Industrial 
Property Organization, and the States to which membership of the Organization is open in 
accordance with Article IV (1) of the Agreement on the Creation of the Creation of the 
African Regional Property Organization, the World Intellectual Property Organization and 
the United Nations Economic Commission for Africa. lPIN/] /ZWEIDIl 
Page 34 
INDUSTRIAL DESIGNS AMENDMENT BILL, 2001 
MEMORANDUM 
This Bill will amend the Industrial Designs Act [Chapter 26:02] to give effect to 
Zimbabwe's international obligations under the Agreement on Trade-Related Aspects of 
Intellectual Property Rights of 1994 (the "TRIPS Agreement"). The Bill will also amend 
the Act to alter the period of registration of industrial designs, to require applications for 
registration to be advertised, and to make other relatively minor amendments to update the 
Act. 
In more detail the individual clauses of the Bill provide as follows: 
Clause 1 
This clause sets out the Bill's short title. 
Clause 2 
Section 2 of the Industrial Designs Act contains definitions of terms that are used 
throughout the Act. This clause will remove a reference to the 1958 Industrial Designs Act 
from the definition of "certificate of registration" (the reference is no longer necessary 
since the registration of any designs under that Act expired many years ago). The clause 
will also update a reference to the Copyright Act, will replace the definition of "Tribunal" 
with one that refers to the new Intellectual Property Tribunal to be set up under the Intellec­
tual Property Tribunal Bill, 2001, and will repeal the definition of "Court" (the Schedule to 
the Bill will replace the word "Court" throughout the Act with the more specific "High 
Court"), 
Clause 3 
Subsection (2) of section 5 of the Industrial Designs Act deals with the amalgamation 
of a register kept under the old i 958 Act with the current register. Since that incorporation 
was presumably completed in the early 1970's this clause will repeal subsection (2) and 
remove a reference to the old register from section 5(4) of the Act. 
Clause 4 
The new sections which this clause will insert in the Industrial Designs Act will bring 
the procedure for registering industrial designs into line with the procedure for registering 
patents and trade marks. Under section 9 of the Industrial Designs Act the Registrar may 
either reject an application for registration or register the design concerned. Under the new 
sections, he will have power either to reject an application or to accept it on a preliminary 
basis with or without conditions or limitations. If he accepts an application it will have to 
be published and an opportunity given for any objectors to lodge their objections with the 
Registrar. The Registrar will then decide whether or not to register the design, taking into 
account any objections received, and an appeal will lie against his decision to the Intellec­
tual Property Tribunal. 
Clause 5 
Section 15 of the Industrial Designs Act sets out the rights that are gi yen to proprie­
tors of registered industrial designs. The effect of this clause will be to give a proprietor 
the right to control the export, as well as the importation, of his registered design. Clause 6 I PlN/1IZWE/DI 1 
Page 35 
Under section 16 of the Industrial Designs Act, the registration of an industrial 
design confers copyright in the design for a period of fifteen years. The new section 16 
which this clause will insert in the Act will reduce that period to ten years, but will give 
proprietors the right to renew the registration of their designs for a further five years. De­
signs will continue to be protected for up to a year if their proprietors omit to renew their 
registration, so long as the designs concerned are being used in Zimbabwe, and late appli­
cations for renewal will be considered for up to three years. See subsections (5) and (6) of 
the new section. It should be noted that the new section will not apply to designs that are 
already registered when this Bill comes into operation as an Act: see subsection (8). These 
designs will continue to be protected for the full fifteen-year period without any need to 
renew their registration. 
Clauses 7 and 8 
Sections 35 to 38 and 40 to 44 of the Industrial Designs Act allow appeals against the 
Registrar's decisions under the Act to be heard by the Patents Tribunal, and deal with the 
procedure in such appeals; section 44 of the Act allows the Registrar to refer complex 
matters to the Patents Tribunal for decision. The Patents Tribunal is to be replaced by a 
new Intellectual Property Tribunal with more extensive powers, so this clause will replace 
the sections concerned with new ones providing for appeals and references to the new 
TribunaL 
Clause 9 
Section 46 of the Industrial Designs Act requires actions for infringement of copy­
right in registered industrial designs to be brought in the High Court. This clause will 
replace the relevant provisions of section 46 with new ones permitting such actions to be 
brought in the new Intellectual Property Tribunal or in the High Court or in a magistrates 
court. The clause will also repeal subsections (7) and (8) of section 46 since the subject­
matter of those subsections win be incorporated into the new sections inserted into the Act 
by clause W. 
Clause 10 
The new section 46A which this clause will insert in the Industrial Designs Act will 
give a wide range of remedies to proprietors whose rights in registered designs have 
been infringed. The section deals particularly with damages for infringement damages 
may be calculated on the basis of a reasonable fee or royalty for using the design concerned 
(subsection (2), while subsection (3) lists some of the considerations that the Tribunal or a 
court will have to take into account in awarding damages. Subsection (4) will allow puni­
tive damages to be awarded in cases of flagrant infringement, while subclause (5) will 
prevent damages being awarded against persons who infringe registered designs inno­
cently-that is, without realising they are committing an infringement. Finally, subsection 
(6) will prevent assignees of proprietors' rights from claiming damages for infringement 
unless their rights have been registered within six months. 
The new section 468 will give the Intellectual Property Tribunal or a court the power 
to issue what are known as "Anton Piller" orders, that is, orders granted without notice for 
the purpose of preventing the destruction or concealment of evidence to defeat a plaintiff's 
claim. Such a provision is necessary to comply with article 50.2 of the TRIPS Agreement. IP!NI1 !ZWE/DIl 
Page 36 
Clause 11 
The new section 47 A which this clause will insert in the Industrial Designs Act will 
allow proprietors of registered industrial designs to secure a prohibition on the import or 
export of infringing articles-that is, articles to which a registered design has been applied 
without the proprietor's consent. The new section will bring Zimbabwe into compliance 
with articles 51 to 60 of the TRIPS Agreement. 
Clause 12 
Section 59 of the Industrial Designs Act saves in force the registration of industrial 
designs under the repealed 1958 Act, and preserves the validity of licences granted in 
respect of designs registered under that Act. All registrations under that Act expired many 
years ago, so section 59 no longer serves any purpose. This clause will therefore repeal it. 
Clause 13 
This clause, as read with the Schedule to the Bill, will make minor and consequential 
amendments to the Industrial Designs Act PRESENTED BY THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS 
BILL 
To amend Industrial Designs Act [Chapter 26:02]. 
ENACTED by the President and the Parliament of Zimbabwe. 
1 Short title and date of commencement 
This Act may be cited as the Industrial Designs Amendment Act. 2001. 
2 Amendment of section 2 of Cap. 26:02 IPINIlIZWE/D/l 
Page 37 
Section 2 of the Industrial Designs Act [Chapter 26:02] (hereinafter called "the prin­
cipal Act") is amended in subsection (1)-
Ca) in the definition of "certificate of registration" by the deletion of "or the 
corresponding provision of the repealed Act"; 
(b) by the repeal of the definition of "Copyright Act" and the substitution of­
""Copyright Act" means the Copyright and Neighbouring Rights Act [Chap­
ter 26:05];"; 
(c) by the repeal of the definition of "Comt"; 
(d) by the repeal of the definition of "Tribunal" and the substitution of­
""Tribunal" means the Intellectual Property Tribunal established by sec­
tion 3 of the Intellectual Property Tribunal Act [Chapter 26:06]. ". 
RE. 18.2001] 
3 Amendment of section 5 of Cap. 26:02 
Section 5 of the principal Act is amended­
(a) by the repeal of subsection (2); 
(b) in subsection (4) by the deletion of "or which were required or authorised by 
or under the repealed Act to be entered in the register of designs referred to 
in subsection (2)". 
4 New sections substituted for section 9 of Cap. 26:02 
Section 9 of the principal Act is repealed and the following sections are substituted-
"9 Application for registration 
( 1) An application for the registration of a design shall be made in 
the prescribed form and shall be lodged at the Designs Office in the 
prescribed manner. 
(2) For the purpose of deciding whether a design is new or original, 
the Registrar may make such searches as he thinks fit. IPlNlllZWE/D/l 
Page 38 
(3) On receipt of an application in terms of subsection (1), the Reg­
istrar may-
(a) refuse the application; or 
(b) accept the application absolutely or subject to such amend­
ments, modifications, conditions or limitations as he thinks 
fit. 
(4) The Registrar may, at any time before or after acceptance of an 
application under subsection (3)-
(a) correct any error in or in connection with the application; or 
(b) permit the applicant to amend his application upon such terms 
as the Registrar thinks fit: 
Provided that the Registrar shall notpermit an amendment which 
substantially affects the identity of the design. 
(5) An application which, through any default or neglect on the 
part of the applicant, has not been completed so as to enable registration to 
be effected within the prescribed time shall be deemed to have been aban­
doned. 
(6) An appeal shall lie from any decision of the Registrar under 
subsection (3). 
(7) Where the Registrar has refused an application under subsec­
tion (3) or accepted it subject to any amendment, modification, condition or 
limitation, he shall, if required to do so by the applicant, state in writing the 
grounds of his decision and the materials he used in arriving at it. 
(8) An appeal against a decision of the Registrar under this section 
shall be heard on the materials stated by him in terms of subsection (7), and 
he shall not be allowed to take any further grounds of objection to the appl i­
cation. other than those so stated by him, except by leave of the Tribunal, 
and where any further grounds of objection are taken, the applicant shall be 
entitled to withdraw his application without payment of costs on giving 
notice as prescribed. 
(9) Where the Tribunal is considering an appeal from a decision of 
the Registrar in terms of subsection (3), the Tribunal may permit the appli-
cant to amend his application without an application for amendment being 
made to the Registrar, but in such a case the Registrar's views on the amend­
ment shall be obtained. 
9A Publication of application and opposition thereto 
(1) As soon as practicable after an application for the registration 
of a design has been accepted, whether absolutely or subject to any amend­
ment, modification, condition or limitation, the applicant shall advertise in 
the prescribed manner the application as accepted, and the advertisement 
shall set forth all conditions and limitations subject to which the application 
has been accepted: 
Provided that in exceptional circumstances the Registrar may direct 
that an application shall be advertised before acceptance and, where an 
application has been so advertised, the Registrar may direct that it shall be 
advertised again when it has been accepted. IP IN!1 IZWE/DIl 
Page 39 
(2) Any person may, within two months from the date on which an 
application was advertised, give the Registrar notice of opposition to the 
registration, which notice shall-
(a) be given in writing in the prescribed manner; and 
(b) include a statement of the grounds of opposition. 
(3) The Registrar shall send a copy of any notice in terms of sub­
section (2) to the applicant and, within the prescribed time after its receipt, 
the applicant shall send the Registrar in the prescribed manner a counter­
statement of the grounds on which he relies for his application and, if he 
does not do so, he shall be deemed to have abandoned his application. 
(4) If the applicant sends a counter-statement in terms of subsec­
tion (3), the Registrar shall-
section. (a) furnish a copy of it to the persons who gave notice of opposi­
tion; and 
(b) after hearing the parties, if so required, and considering the 
evidence, decide whether, and subject to what amendments, 
modifications, conditions or limitations, if any, registration is 
to be permitted. 
(5) An appeal shall lie from any decision of the Registrar under this 
(6) On the hearing of an appeal under this section, any party may, 
either in the manner prescribed or by special leave of the Tribunal, bring 
forward further material for the Tribunal's consideration. 
(7) On an appeal under this section, no further grounds of objection 
to the registration of the design concerned shall be allowed to be taken by 
the opponent or the Registrar, other than those stated in terms of this section 
by the opponent, except by leave of the Tribunal and, where any further 
grounds of objection are taken, the applicant, on giving notice as prescribed, 
shall be entitled to withdraw his application without payment of the oppo­
nent's costs. 
98 Registration 
If-
(a) no notice of opposition is lodged in terms of subsection (2) of 
section nine A in respect of an application for registration of a 
design; or 
(b) the Registrar has decided, in terms of paragraph (b) of subsec­
tion (4) of section nine A, that registration of a design is to be 
permitted, and no appeal has been lodged against that deci­
sion; or 
(c) the Tribunal, on an appeal against a decision of the Registrar 
in terms of section nine A, directs that a design should be reg­
istered; 
the Registrar shall register the design concerned. IP/NIlIZWE/DI 1 
Page 40 
9C Effective date of registration 
Except as otherwise expressly provided by this Act, the effective date 
of registration of Cl 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.". 
5 Amendment of section 15 Cap. 26:02 
Section 15 of the principal Act is amended in subsection (1) by the deletion of "or 
import" and the substitution of ", import or export". 
6 New section substituted for section 16 of Cap. 26:02 
Section 16 of the principal Act is repealed and the following is substituted-
"16 Period of copyright in registered design and renewal of registra­
tion 
(1) Copyright in Cl registered design shall subsist for so long as the 
design remains registered. 
(2) The registration of a design shall be for a period of ten years, 
but the proprietor may renew it for a single further period of five years in 
accordance with this section. 
(3) An application for the renewal of the registration of a registered 
design shall be made in the prescribed form and manner and within the 
prescribed period. 
(4) Before the expiry of the initial ten-year registration of a design, 
the Registrar shall notify the design's proprietor in the prescribed manner of 
the date on which the registration will expire and the conditions as to pay­
ment of fees and otherwise upon which it may be renewed and if those con­
ditions have not been duly complied with within the prescribed time, the 
Registrar may remove the design from the Register, subject to such condi­
tions, if any. as to its restoration to the Register as may be prescribed. 
(5) Where a design has been removed from the Register for non­
payment of the fee for renewal, it shall nevertheless be deemed to be a regis­
tered design for the purpose of any application for the registration of a 
design made within one year after the date of the removal: 
Provided that this subsection shall not apply where the Registrar is 
satisfied that-
(a) there has been no bona fide use in Zimbabwe of the design 
that has been removed during the three years immediately 
preceding its removal; or IP/N/l/ZWE/DIl 
Page 41 
(b) no deception or confusion would be likely to arise from the 
use of the design that is the subject of the application for 
registration through any previous use of the design that has 
been removed from the Register. 
(6) Where-
(a) a design has been removed from the Register for non­
payment of the fee for renewal; and 
Cb) the proprietor of the design-
0) applies in the prescribed manner within three years after 
the date of its removal for it to be restored to the Regis­
ter; and 
(ii) furnishes with his application a declaration in the 
prescribed form that the design has bonafide been used 
in trade in Zimbabwe during the period from the date of 
its removal, or provides reasons satisfactory to the 
Registrar as to why there has been no such bona fide 
trade use; 
the Registrar may, subject to any conditions referred to in subsection (4), 
restore that design to the Register with effect from the date on which it was 
removed, and thereupon that design shall be regarded for all purposes as 
though it had not been removed from the Register. 
(7) An appeal shaH lie from any decision of the Registrar under this 
section. 
(8) Notwithstanding any other provision of this section, copyright 
in a design that was registered before the date of commencement of the 
Industrial Designs Amendment Act, 2001, shall subsist for a period of 
fifteen years from the date of registration, and its registration shall not be 
subject to renewal in terms of this section.". 
7 New sections substituted for sections 35 to 44 of Cap. 26:02 
Sections 35 to 38 of the principal Act are repealed and the following are substi­
tuted-
"35 Appeals from Registrar 
Where this Act provides for an appeal against a decision of the Regis­
trar, the appeal shall be made to the Tribunal in accordance with this Part and 
the Intellectual Property Tribunal Act [Chapter 26:06J. 
36 Time for appeals 
An 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. IPIN/1/ZWE/DIl 
Page 42 
37 Powers of Tribunal on appeal 
Without derogation from section 8 of the Intellectual Property Tribu­
nal Act [Chapter 26:06], in any appeal under this Act the Tribunal may-
(a) confirm, set aside or vary the order or decision against which 
the appeal is brought; 
(b) exercise any of the powers which could have been exercised 
by the Registrar in the proceedings in connection with which 
the appeal is brought. 
38 References to Tribuna! by Registrar 
( 1) If it appears to the Registrar that any matter to be decided by 
him under this Act involves a point of law or to be of unusual importance or 
complexity, he may, after giving notice to the parties, refer the matter to the 
Tribunal for decision, and thereafter in relation to that matter he shall act in 
accordance with the decision of the Tribunal or any decision substituted 
therefor on appeal to the Supreme Court. 
(2) Where a matter has been referred to the Tribunal in terms of 
subsection (1), the Registrar and the parties shall be entitled to be heard by 
and appear before the Tribunal before any decision is made in the matter.". 
8 Repeal of sections 40 to 44 of Cap. 26:02 
Sections 40 to 44 of the principal Act are repealed. 
9 Amendment of section 46 of Cap. 26:02 
Section 46 of the principal Act is amended-
(a) by the repeal of subsection (1) and the substitution of the following subsec­
tions-
H( I) In this section-
"Court", in relation to proceedings for infringement of copyright 
in a registered industrial design, means the Tribunal or the 
court in which the proceedings have been instituted. 
(1 a) An action for infringement of a registered industrial design 
may be instituted-
Ca) in the Tribunal; or 
(b) in the High Court; or 
(c) subject to the jurisdictional limits provided for in the Mag­
istrates Court Act [Chapter 7: 1 0], in a magistrates court."; 
(b) in subsection (2) by the deletion of "An action for infringement of a regis­
tered industrial design shall be heard and determined by the Court and, sub­
ject to any rules made by the Court, the following provisions shall apply in 
connection therewith" and the substitution of "Subject to any rules of court, 
the following provisions shall apply in connection with an action for 
infringement" ; 
Cc) by the repeal of subsections (7) and (8). 10 New sections inserted in Cap. 26:02 IP/N/ l/ZWE/DI1 
Page 43 
The principal Act is amended by the insertion after section 46 of the following 
sections-
"46A Remedies available in action for infringement 
(1) Subject to this Act, in an action for infringement of copyright in 
a registered design the plaintiff shall be entitled to any appropriate remedy, 
whether damages, interdict, attachment, the rendering of account, the deliv­
ery of infringing copies or articles used or intended to be used for making 
infringing copies or otherwise, that is available in respect of the infringe­
ment of any other proprietary right. 
(2) Damages for infringement of copyright in a registered design 
may, at the option of the person seeking them, be calculated on the basis of 
the amount that an exclusive licensee would reasonably have been expected 
to pay under the circumstances for his use of the design concerned: 
Provided that, if the person seeking damages intends to exercise 
this option, he shall give notice of his intention, in writing, to any exclusive 
licensee of the registered design concerned, 
(3) In determining the amount of damages in an action for infringe­
ment of copyright in a registered design, the Tribunal or the court, as the 
case may be, shall take the following factors into account, in addition to all 
other material considerations-
Ca) the extent and nature of the infringement; and 
(b) the amount which could be payable to the proprietor in 
respect of the use of the design by some other person; and 
(c) any dilatory conduct on the part of the proprietor of the design 
or the plaintiff in making the infringer aware that the design 
was registered. 
(4) If it is established, in an action for infringement of copyright in 
a registered design, that an infringement was committed and the Tribunal or 
the court, having regard to-
(a) the flagrancy of the infringement; and 
(b) any benefit shown to have accrued to the person responsible 
for the infringement as a result of it; 
is satisfied that effective relief would not otherwise be available to the plain­
tiff or applicant, the Tribunal or the court, as the case may be, shall have 
power to award such additional damages as it thinks fit. 
(5) If it is established, in an action for an infringement of copyright 
in a registered design, that an infringement was committed but that at the 
time of the infringement the person responsible for it was not aware and had 
no reasonable grounds for suspecting that he was not entitled to engage in 
the infringing activity, the plaintiff shall not be entitled under this section to 
any damages against that person in respect of the infringement. IP/N/I/ZWE/D/l 
Page 44 
(6) Where-
(a) there has been a change in the proprietorship of a registered 
design, whether through assignment, transmission, operation 
of law or otherwise; or 
(b) an exclusive licence has been granted in respect of a regis-
tered design; 
the new proprietor or co-proprietor or the exclusive licensee, as the case may 
be, shall not be entitled to recover damages for any infringement of the copy­
right in that design which occurred during the period from the change in the 
proprietorship or the grant of the exclusive licence, as the case may be, untii 
the change or the grant was registered in terms of section twenty-two, unless 
the registration was effected within six months of the change or the grant. 
468 Orders without notice (Anton Piiler orders) 
(I) If a person who has instituted or intends instituting proceedings 
for an infringement of copyright in a registered industrial design satisfies the 
Tribunal or a court that, prima facie-
(a) he has a cause of action against another person which he 
intends to pursue; and 
(b) the other person has in his possession documents or other things 
of whatsoever nature which constitute evidence of great 
importance in substantiation of that cause of action; and 
(c) there is a real and well-founded apprehension that the docu­
ments or other things may be hidden, destroyed or rendered 
inaccessible before discovery can be made in the usual way; . 
the Tribunal or court, as the case may be, may make such order, commonly 
known as Anton Piller order, as it considers necessary or appropriate to 
secure the preservation of the documents or things as evidence. 
(2) An order in terms of subsection (1) may be granted without 
notice to the person who is allegedly in possession of the documents or other 
things to which the order relates, and the Tribunal or court may sit in camera 
for the purpose of hearing an application for such an order: 
Provided that the Tribunal or Court shall not grant an order without 
such notice unless it is satisfied that there is a real possibility that the docu­
ments or things will be hidden, destroyed or rendered inaccessible if notice 
is given. 
(3) An order in terms of subsection (1) may be granted on such 
conditions, including the giving of security by the applicant, as the Tribunal 
or court may fix. 
(4) This section shall not be taken to limit any power a court may 
have under its ordinary jurisdiction to grant orders such as are referred to in 
this section.". 
11 New section inserted in Cap. 26:02 
Part VII of the principal Act is amended by the insertion after section 47 of the 
following section-lP/Nil /ZWE/DI1 
Page 45 
"47 A Restriction on importation or exportation of infringing articles 
(1) In this section-
"infringing article" means any article to which there has been 
applied a design that infringes the copyright in a registered 
design. 
(2) If the proprietor of a registered design, by written notice to the 
Director of Customs and Excise-
(a) informs the Director that he is the proprietor of the registered 
design; and 
(b) satisfies the Director that there are reasonable grounds to sus­
pect that infringing articles have been or may be imported into 
or exported from Zimbabwe; and 
(c) requests the Director to treat the infringing articles referred to 
in paragraph (b) as prohibited goods; and 
(d) describes the articles concerned with sufficient particularity 
to make them readily identifiable; 
the Director shall forthwith comply with the request and ensure that no such 
articles are imported into or exported from Zimbabwe, and that any such 
articles that have been imported but not yet entered are not released to the 
importer: 
Provided that the Director need not comply with such a request 
until the proprietor furnishes him with security in such form and for such 
amount as the Director may require to secure the fulfilment of any liability 
and the payment of any expense which he may incur as a result of the deten­
tion of any articles to which the request relates or as a result of anything 
done by him in relation to articles so detained. 
(3) Where a request has been made under subsection (I) and has 
not been withdrawn, the importation into or exportation from Zimbabwe of 
any articles to which the request relates shall be prohibited for a period of 
ten working days from the date on which the Director of Customs and 
Excise complies with the request: 
Provided that-
(i) if within that period the proprietor has instituted pro­
ceedings for an order in terms of subsection (4), or pro­
ceedings for any other order leading to a decision on the 
merits of the matter, the importation or exportation of 
the articles concerned shall continue to be prohibited until 
the determination of those proceedings or until the court 
or tribunal concerned orders otherwise; 
(ii) this subsection shall not apply to the importation or 
exportation of a single article by a person for his per­
sonal and private use. 
(4) If the proprietor of a registered design satisfies the Tribunal or a 
court that-I PlNlJIZWElDIl 
Page 46 
(a) he is the proprietor of the registered design; and 
Cb) there are reasonable grounds to suspect that infringing articles 
have been or may be imported into or exported from 
Zimbabwe; 
the Tribunal or court may issue an order directing the Director of Customs 
and Excise to prevent the importation or exportation, as the case may be, of 
those articles, 
(5) An order under subsection (4)-
(a) shall describe the articles concerned with sufficient particu­
larity to make them readily identifiable; and 
Cb) may be granted subject to conditions, including the giving of 
security by the applicant and the inspection of the articles con­
cerned. 
(6) For so long as an order under subsection (4) is in force, the 
Director of Customs and Excise shall treat the articles to which the order 
relates as if---
(a) they were prohibited from importation in terms of section 47 
of the Customs and Excise Act [Chapter 23:021; or 
(b) their exportation was prohibited for the purpose of section 61 
of the Customs and Excise Act [Chapter 23:02]; 
as the case may be. 
(7) The Director of Customs and Excise shall take an necessary 
steps to inform an importer or exporter or intended importer or exporter of 
articles whose importation or exportation is prohibited by virtue of this sec­
tion of the reasons for the prohibition. 
(8) While any articles are detained pursuant to a request or an order 
under this section-
Ca) the proprietor at whose instance the request or order was made; 
and 
Cb) the importer of the articles; 
shall be given an adequate opportunity to inspect the articles in order to 
determine whether or not they are infringing articles. 
(9) Notwithstanding anything in the Customs and Excise Act (Chap­
ter 23:02], a person shall not be liable to any penalty under that Act, other 
than forfeiture of the articles, as a result of their importation or exportation 
being prohibited by virtue of this section.". 
12 Repeal of section 59 of Cap. 26:02 
Section 59 of the principal Act is repealed. 
13 Minor amendments to Cap. 26:02 
The provisions of the principal Act specified in the first column of the Schedule are 
amended to the extent set out opposite thereto in the second column. SCHEDULE (Section 13) IP INI1 IZWE/D/l 
Page 47 
MfNOR AMENDMENTS TO INDUSTRfAL DES1GNS ACT [Chapter 26:02] 
Provision 
Sections 4, 26( 1) and 49( 1 )(b) 
and (2) 
Section 22(5) 
Section 27( I) 
Section 27(2)(b) 
Section 31 
Section 45 
Provision 
Section 47(1) 
Section 47(2)(b) 
Section 49( 1)( a) Extent (~lAmendment 
By the deletion of "or the repealed Act". 
By the deletion of "or the Court" and the substitu­
tion of ·'or the court before which the proceed­
ings have been brought, as the case may be,". 
By the deletion of "and of any regulation" and the 
substitution of "and any regulations". 
By the deletion of "the Court" and the substitution 
of "a court of competent jurisdiction". 
By the insertion after "prejudice to" or "any provi­
sion of'. 
By the deletion of-
(a) "or the Court" and the substitution of "or the 
court which gave the decision, as the case 
may be,"; 
(b) "or Court" and the substitution of "or the 
court concerned". 
Extent afAmendment 
By the deletion of "Court in accordance with the 
rules of Court" and the substitution of "High 
Court in accordance with the rules ofthat Court". 
By the deletion of "injunction" and the substitu­
tion of "interdict". 
By the insertion after "execution of' of "his 
functions under". 