JEE Africa

Zambia is a member of

The Paris convention

The Harare Protocol

The Lusaka Agreement (ARIPO)

The Madrid Protocol on Marks

Trade mark applications may be filed as national applications, in appropriate circumstances claiming convention priority in terms of the Paris Convention. Although Zambia is a member state of ARIPO, it has not acceded to the Banjul Protocol and has thus not enacted enabling legislation for the local recognition and protection of ARIPO trade mark registrations.

Provision is made for the registration of trade marks in respect of goods, either in Part A or Part B of the register, and for the registration of certification marks in Part C of the register. Defensive marks may be registered in Part D of the register.

TRADEMARKS

• Types of Trademark registrable

• Zambia operates a “Single- class” registration system (A separate application is required for each class of goods).

• There are provisions for the registration of CERTIFICATION MARKS, DEFENSIVE MARKS and SERIES MARKS.

• The International Classification of goods applies.

• There are no provisions for the registration of SERVICE MARKS.

Notes

Claiming priority is possible in Zambia.
All requirements should be submitted upon filing.
A separate application to be filed for each class of goods/services

Documents required for trademark registration

• Simply signed power of attorney

• Prints of the mark

• Certified copy of priority document if claimed

• Details of the applicant

• Specification of goods

Renewals

The duration of registration is 7 years from the date of application and renewable for further periods of 14 years thereafter.

Renewals Documents

No documents required.

Assignments/Mergers

• Power of Attorney, simply signed.

• Deed of Assignment or other instrument of title, with verified English translation.

Change of Name

• Power of Attorney, simply signed.

• Certificate of Change of Name, with verified English translation.

Change of Address

Power of Attorney, simply signed.

Licences/Registered Users

• Powers of Attorney, simply signed, from proprietor and licensee.

• Declaration and Statement of Case, with verified English translation.

• Licence Agreement, with verified English translation.

Patent protection is obtainable by way of a patent granted on a national filing or a regional filing through ARIPO. A patent is granted in respect of an invention which entails patentable subject matter.

Although Zambia has also acceded to PCT, specific provisions to implement the filing and prosecution of PCT applications have not yet been introduced into the Act. However, the Act contains a general provision which empowers the Minister to make regulations, by statutory instrument, for securing that a patent application made in accordance with an agreement by the Zambian Government with another country shall not be prejudiced. It is possible that this provision may be used to deal with PCT applications.

Filing Requirements

National Phase PCT Application

Zambia is a member of PCT; however the patent legislation has not yet been amended to include the filing requirements for national phase PCT applications.

Patents of Invention (Non-PCT)

• Power of Attorney (required on the day of filing)

• Specification, claims and abstract in English (required on the day of filing)

• Formal drawings, if applicable (required on the day of filing)

• Assignment of Invention (can be late filed, no set deadlines)

• Priority document with verified English translation (can be late filed within six months)

Grant

The term of a patent is sixteen years from the date of filing, which may be extended for one further period of up to five years on the ground of inadequate remuneration, and in exceptional circumstances a period of up to ten years. A patent of addition expires with the main patent.

Renewal

Renewal fees are payable annually commencing on the third anniversary of the filing date

Design protection is available by a national filing or via an ARIPO application designating Zambia. Zambia has implemented the Harare Protocol (which regulates patent and design filings in ARIPO) in its national law, thereby giving valid design protection to applicants seeking to obtain a design registration via ARIPO.

Filing Requirements:

• Power of Attorney

• Drawings or photographs of design

• State the article to which the design is to be applied.

• Certified copy of priority document, if priority claimed

• Verified Translation of Priority Document if not in English

• Assignment document

Duration and Renewal

Design registration is valid for an initial term of five years from the filing date, which is renewable upon payment of the required fees for two further terms of five years each.

Zambia is a member of the Berne Convention and the WTO/TRIPS.

The Act provides for the following works to be eligible for copyright protection:

• literary works

• musical works

• artistic works

• computer programs

• compilations

• audiovisual works

• sound recordings

• broadcasts

• cable programs

• typographical arrangements of published editions.

Literary works are further defined to include dramatic works and arrangements of information in tabular form.

Artistic works are further defined to include:

• paintings, drawings, etchings, lithographs, woodcuts, engravings, prints

• maps, plans, charts, diagrams, illustrations and sketches

• works of sculpture

• works of architecture in the form of buildings and models