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Enforcement of IPRs in Zambia


Enforcement of IPRs
The resources for implementation and compliance with the TRIPS Agreement would not be available for the simple reason that Zambia’s foreign debt and the level of poverty are very high. When a common man gets an alternative at a low price, he prefers the same, which is the major cause of counterfeiting and piracy in Zambia.
Drugs most often face counterfeiting and piracy in Zambia.
The laws are as follows:
  • The Patents Act, Chapter 400 of the Laws of Zambia
  • The Trade Marks Act, Chapter 40 of the Laws of Zambia
  • The Registered Designs Act, Chapter 402 of the Laws of Zambia
  • The Copyright and Performance Act, Chapter 406 of the Laws of Zambia
  • The Competition and Fair Trading Act, Chapter 417 of the Laws of Zambia
Patents, trademarks, designs, copyright, and performances are the different types of IPRs protected by IPR enforcement in Zambia.
A) Government Authorities - Yes
B) Police Officials - Yes
C) Judiciary - Yes
D) Customs - Yes
A) Injunctions - Yes
B) Monetary Compensation - Yes
C) Raids - Yes
D) Seizures - Yes
E) Destruction - Yes
Other civil remedies in Zambia include the following:
  • Delivery up to the owner of the copyright or destruction of articles used or intended to be used for making the infringing copies or for the commission of an offence in terms of the Act (section 28 (4)).
There are a few pre-trial procedural stages, which have to be followed up, and they take about 03 to 04 months to reach the stage of trial. Thereafter, depending upon the complexity of each case, a trial may span up to a period of 10 to 12 months.
A) Responsible Authority - The High Court of the Republic of Zambia
B) Imprisonment Term - Trademarks: 06 months to 03 years; Copyright: 05- to 10 years; Patents: up to 02 years.
C) Monetary Fine - Trademarks: 1500 to 15000 penalty units; Copyright: 10 penalty units for each infringing copy or 50,000 penalty units, which may increase up to 100,000 penalty units or 20 penalty units for each infringing copy on subsequent conviction; Patents: 200,000 penalty units to 500,000 penalty units
The method preferred for resolution of commercial and civil disputes apart from litigation, is arbitration. Although the trend observed is that there is much reliance placed on the judiciary; however, the parties to a dispute may mutually agree to resolve the same though ADR techniques.
The remedies available under border control measures (customs) in Zambia include forfeiture and destruction of goods.
The applicant must bear the cost of customs intervention during enforcement.
If an IP rights holder abuses the enforcement measures, the customs may release the goods for commercial access by releasing them from their place of detention.
Court proceedings