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Custom Recordal of IPRs in Zambia

Zambia

Custom Recordal of IPRs
Yes
No
Yes
The Copyright act forms the legal basis for Custom Recordal of IPRs (Border Control Measures) in Zambia.
Custom Recordal of IPRs is effective only on the import of goods, inclusive of the infringing copies.
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.
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.
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.
Yes
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.
The customs have a centralised system. Therefore, it is not required to make registration with each port of entry.
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.
The period in the notice shall not exceed 05 years or the remainder of the duration of the IPR, whichever is less.
Yes
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.
The applicant bears the liabilities and expenses with respect to the suspension of the release of infringing goods.
Yes
Yes
Yes
The possible remedies awarded by the court include forfeiture of goods.
Yes