Zambia

General Information

• Capital: Lusaka
• Population: 9.7 million
• Area: 752 614 km2
• Languages: English - official language, Bemba, Lozi, Tonga, Nyanja
• Exports: Copper; cobalt; zinc; tobacco; lead
• Imports: Machinery; transportation equipment; foodstuffs; fuel; petroleum products; electricity; fertilizer
• Currency: Zambian Kwacha

Trade Marks

International Conventions

WIPO, WTO, Paris Union, Madrid Protocol, Berne Union.

Requirements for Application

(a) Power of attorney, simply signed.
(b) Fifteen prints of the trade mark - device marks.
(c) Should indicate whether the trade mark is in use or is proposed to be used in Zambia.

Classification

International classification of goods (there is no provision for services). A separate application is required for each class.

Procedure

Examination for inherent registrability and for conflict with prior registrations/pending applications.

Opposition

An opposition may be lodged within two months following the date of advertisement of the trade mark application.

Use

Registration may be cancelled if the trade mark was registered without any bona fide intention to use the trade mark and there has, in fact, been no bona fide use of the trade mark up to the date one month before the date of the application for cancellation.

Registration may also be cancelled if there has been no bona fide use of the trade mark for a continuous period of five years and one month up to date of application for cancellation.

Authorised use by a third party cannot be relied on by the proprietor unless the user is recorded as a registered user. 

Duration and Renewal

A trade mark registration is effective for an initial period of seven years and, thereafter, renewable for further periods of fourteen years.

Licensing/Registered Users

Licensing is recognised. Recordation is required in order to be effective against third parties and for use to inure to the benefit of the owner.

The license agreement must provide for quality control by the licensor. 

Requirements

(a) License agreement;
(b) Statutory declaration and statement of case;
(c) Power of attorney from the proprietor;
(d) Power of attorney from the user.

Assignments

Assignments are possible and may be made with or without goodwill.

Requirements

(a) Deed of assignment;
(b) Power of attorney from the assignee.

Marking of Goods

Notice of registration by use of the legend ‘Registered Trade Mark’ or suitable abbreviation (eg. ‘Regd. Tm.’) or symbol ® optional.

No product may bear the national flag or the armorial ensigns of Zambia, or any part thereof, without official written permission.

Imports of merchandise bearing false or deceptive trade descriptions, likely to deceive the public as to the identity of the manufacturer or place of origin of merchandise, are prohibited.

There are special labelling regulations for margarine and pharmaceuticals.

Patents

General

Patent protection is obtainable via a national filing. Zambia is a member of the International Convention, WTO, ARIPO and PCT.

Patentable Subject Matter

An invention is any new and useful art, process, machine, manufacture or composition of matter which is not obvious, or any new and useful improvement thereof which is not obvious, capable of being used or applied in trade or industry.

The Registrar may refuse to grant a patent for an invention of which the use would, in his opinion, be contrary to law or morality, or a substance used as food or medicine which is a mere mixture of known ingredients or a process for producing such by a mere mixture. 

Filing Requirements

Neither notarisation nor legalisation of any documents is required. A specification in English is needed.

Novelty

An invention is new if it has not been publicly used, worked, or publicly made known in Zambia or described in books or other printed publications published anywhere, before the application or priority date.

Novelty of an invention is not destroyed by disclosure prior to the application or Convention priority date without the patentee´s knowledge or consent, provided that the matter disclosed was derived or obtained from the patentee, the invention had not been used by the patentee or his predecessor in title in Zambia prior to the application filing date or priority date, other than for the purpose of reasonable technical trial thereof, and the application was filed with reasonable diligence after learning of the disclosure. 

Examination

An application is subjected to formal Examination only.

Duration/Maintenance

A patent has a term of sixteen years from the date of filing of the application. The patentee may apply to the Registrar for an extension of the term on the grounds of inadequate remuneration. Maintenance fees are payable annually as from the third anniversary of the filing date.

Working

Working is recommended during the third year from the date of grant in order to avoid grant of a compulsory licence.

Marking

Marking is not required, but is advisable.

Licences/Assignments

Requirements for registering licences are not mentioned in the statute. However, an exclusive licensee is explicitly allowed to sue for infringement. In order to be effective against third parties or admissible in Court, an assignment must be registered.