INTELLECTUAL PROPERTY RIGHTS IN ZAMBIA
First Renewal Term
Subsequent Renewal Term
In Zambia, the trademark applications must be filed with the trademark section of the Patents and Companies Registration Agency (PACRA).
Zambia is also a member of the Madrid Protocol; thus, the extension of international registration of a trademark via the Madrid System is possible for the country and its applicants.
It has a single-class trademark filing system.
The International Classification of Goods is applicable, and there is not any provision for services.
The interested third parties may file opposition actions against a trademark application within three (03) months following its publication date in the trademarks journal.
The registered trademarks have a validity of seven (07) years from the date of registration in Zambia, which can be further renewed indefinitely for periods of fourteen (14) years.
Zambia is a member of the Paris Convention, Patent Cooperation Treaty (PCT), and ARIPO.
The Patents Act, No. 40 of 2016 deals with the mechanism of patent protection.
Process Patent and Product Patent are the two types of patents that can be protected in Zambia.
In Zambia, any invention that satisfies the conditions of novelty, inventive step, and industrial applicability, subjects to patentability.
The types of patent applications in Zambia include Convention Application, PCT National Phase Application, and Patent of Addition.
Utility Model Protection is not available under the patent law.
The time-period for the PCT National Phase Filing is thirty (30) months.
Opposition against a patent application can be raised at the pre-grant stage. At the pre-grant stage, any third party may raise an opposition after the patent gets published, but before it is granted, which is usually within three (03) months of publication.
The patent of invention lasts for twenty (20) years in Zambia.
The time frame for payment of Annuities before the due date is six (06) months.
Zambia is a member of the Paris Convention and ARIPO.
The Registered Designs Act (Chapter 402) deals with the mechanism of registration of industrial designs.
The types of industrial design applications in Zambia include Non-Convention Application and Convention Application.
Utility model protection isn't provided under industrial design protection in Zambia.
Opposition against an industrial design application can't be raised in Zambia.
The total duration of an industrial design registration is ten (10) years from the date of application. The initial term of registration is five (05) years, which is further extendible for a term of (05) five years upon payment of the renewal fee.
There is no grace period to renew an industrial design in Zambia.
Zambia is a signatory to the Berne Convention for the Protection of Literary and Artistic Works.
The Copyright and Performance Rights Act No. 44 of 1994 - deals with the mechanism of copyright protection in Zambia.
In Zambia, the authors of creative works are entitled to copyright protection upon creation and without any formality.
The standard copyright protection term lasts for the lifetime of the author plus fifty (50) years following his death. However, the duration of copyright protection varies depending on the type of work.