Is Custom Recordal of Intellectual Property Rights (IPRs) available in Zambia?
Is Custom Recordal of IPRs compulsory in Zambia?
Is it an effective measure to stop the infiltration of illegal and counterfeit products in Zambia?
Which law forms the legal basis for Custom Recordal of IPRs (Border Control Measures) in Zambia?
The Copyright act forms the legal basis for Custom Recordal of IPRs (Border Control Measures) in Zambia.
Is Custom Recordal of IPRs effective on import or export of goods or both?
Custom Recordal of IPRs is effective only on the import of goods, inclusive of the infringing copies.
What is the role of the customs department/authority? (Kindly give 2-3 points)
It is the role of the customs authority to act in furtherance of the request made by the proprietor of IPRs and intercept the goods that are alleged to be of infringing nature. In order to ascertain the same, the customs me order the owner to furnish the documents as may be necessary to supplement the investigation.
Is there a procedure to record IP with the customs department/authority? If yes, then kindly explain it in brief.
Any proprietor of an IP asset can give a notice in writing to the Controller of Customs–for restricting the importation of infringing copies of his work that have been previously published or registered.
What documents are to be submitted along with the application for Custom Recordal of IPRs?
The proprietor of such intellectual property is required to establish that he is the owner of the intellectual property and request the controller to treat the copies of the infringing work as prohibited goods during the period specified in the notice.
Is the applicant required to execute a bond (against all liabilities and to bear the costs towards destruction, demurrage, and detention charges incurred till the time of destruction or disposal) with the customs department/authority for Custom Recordal of IPRs?
What is the time frame for the customs department/authority to notify the applicants whether their application (for custom recordal of IPRs) is registered or rejected?
Any intimation of such nature has to be made at the earliest. There is no time limit accorded to passing of such information to the proprietor of intellectual property rights.
Does the customs department/authority have a centralized system or the Custom Recordal is required to be done with each port of entry in Zambia by land, sea, and air?
The customs have a centralised system. Therefore, it is not required to make registration with each port of entry.
Is there an online system for Custom Recordal in Zambia?
There is no online system for recording the intellectual property rights with the customs authority. Therefore, a written application in a desired format has to be made.
What is the official fee for Custom Recordal in Zambia?
What is the term of Custom Recordal of IPRs? Can it be further renewed?
The period in the notice shall not exceed 05 years or the remainder of the duration of the IPR, whichever is less.
Does the customs department/authority have a right to conduct raids and seize the counterfeit goods within Zambia?
In which scenario does the customs department/authority suspend the clearance of imported goods?
If the customs authority receives a request from the proprietor of the intellectual property right projecting the evidence of infringing goods being imported into the territory as well as the establishment of proof of proprietorship, the customs authority will suspend the clearance of such imported goods, which are suspected of causing infringement to the legitimate rights of the rights holder.
Who bears the liabilities and expenses related to suspension of the release of infringing goods?
The applicant bears the liabilities and expenses with respect to the suspension of the release of infringing goods.
Is the IP rights holder authorized to examine the goods, the clearance of which has been suspended?
Is the IP rights holder authorized to request the information about the personal details of the importer and additional crucial piece of information concerning the consignment, which has been suspended from clearance?
Can the importer or the authorized representative of the goods, which have been suspended from clearance, request the information of the IP rights holder in question?
Within what timeframe the IP rights holder needs to confirm whether the goods are counterfeit or original after suspension?
Is the IP rights holder required to produce an injunction order or evidence of court proceedings to detain the goods?
If the answer to the above question is 'Yes,' then what is the deadline to do so?
Does the IP rights holder need to pay an additional bond for the detention of goods?
If the answer to the above question is 'Yes,' then to what extent and how is the valuation calculated?
In the scenario where the goods detained or seized are found to be infringing the IPRs of the IP rights holder in question, what steps does the customs department/authority take?
Does the customs authority invite the rights holder and importer to join the proceedings? Are there any consequences of failure to join such proceeding, if any?
Before disposal/destruction of infringing goods, does the rights holder need to submit a ‘no objection’ or concurrence document?
Are there any disadvantages of Custom Recordal of IPRs in Zambia? If yes, then kindly give 2-3 points?
If an IP rights holder is not satisfied with the action taken by the customs department/authority, can he/she initiate separate legal proceedings to enforce his/her IP rights?
To establish if the goods are counterfeit before the court of justice, will the affidavit by the IP rights holder suffice or any other documentary requirement is there?
Upon conclusion of proceedings before the Court of Justice, what are the possible remedies awarded by the court?
The possible remedies awarded by the court include forfeiture of goods.
Is the rights holder under an obligation to inform customs authority when his Intellectual Property Right ceases to be valid/ he ceases to be the owner of such IPR?