Merchandise Marks Act, 1957
- Commenced on 7 March 1958
- [This is the version of this document at 31 December 1996.]
Part I – Preliminary
1. Short titleThis Act may be cited as the Merchandise Marks Act.[As amended by G.N. No. 153 of 1964]
2. InterpretationIn this Act, unless the context otherwise requires—"apply to" means to emboss, impress, engrave, etch or print upon, weave or otherwise work into or annex or affix to, and cognate expressions shall be construed accordingly;"bottle" means a bottle made of glass, earthenware or plastic material;"covering" includes any stopper, cask, bottle, vessel, box, cover, wrapper, capsule, case, frame or container;"customs officer" means any officer of the Department of Customs and Excise and any other person appointed by the Controller of Customs and Excise for the discharge of any duties in connection with the administration of the Customs and Excise Act;[Cap. 322]"false trade description" means a trade description which is false in a material respect as regards the goods to which it is applied and includes every alteration of a trade description, whether by way of addition, effacement or otherwise, where that alteration makes the description false or misleading in a material respect and the fact that a trade description is a trade mark or part of a trade mark shall not prevent such trade description being a false trade description within the meaning of this Act;"goods" means anything which is the subject of trade, manufacture or merchandise;"goods assembled externally" means goods assembled in any country outside Zambia;"goods manufactured externally" means goods manufactured, made or produced in any country outside Zambia;"goods mixed externally" means goods the ingredients of which have been mixed in any country outside Zambia and were manufactured, made or produced in—(a)a country other than the country in which they were mixed; or(b)more than one country;"inspector" means an inspector appointed under the provisions of section nineteen;"label" includes any band or ticket;"mix" includes blend and cognate expressions shall be construed accordingly;"name" includes any abbreviation of or addition to a name;"offending mark" means—(a)in relation to goods manufactured externally, goods assembled externally or goods mixed externally—(i)a mark applied to those goods containing any name being or purporting to be the name of any manufacturer, producer, trader, assembler or mixer in Zambia or the name of any town, place or district in Zambia; or(ii)a trade mark or trade description applied to those goods containing—(A)a direct or indirect reference to any town, place or district outside Zambia; or(B)a direct or indirect reference (other than the name of a country applied to those goods so as to indicate that they were manufactured, produced, assembled or mixed in that country) to a country outside Zambia;(b)in relation to goods manufactured, made, produced, assembled or mixed in Zambia, a trade mark or trade description applied to those goods containing a direct or indirect reference to any town, place, district or country outside Zambia;"sell" includes to expose for sale or have in possession for the purpose of sale or for any purpose of trade or commerce, and cognate expressions shall be construed accordingly;"trade description" means any description, statement or other indication, direct or indirect, as to—(a)the number, quantity, measure, gauge or weight of any goods; or(b)the standard of quality of any goods, according to a classification commonly used or recognised in the trade; or(c)the name of the manufacturer, producer, assembler or mixer of any goods;(d)the place or country in which any goods were manufactured, made, produced, assembled or mixed;(e)the fitness for purpose, strength, performance or behaviour of any goods; or(f)the mode of manufacturing, producing, assembling or mixing of any goods;(g)the material of which any goods are composed; or(h)the fact of any goods being the subject of an existing patent, privilege or copyright;and the use of any figure, word or mark which, according to the custom of the trade, is commonly taken to be an indication of any of the above matters shall be deemed to be a trade description within the meaning of this Act;"trade mark" means a mark which is used upon or in connection with goods for the purpose of indicating that they are, by virtue of manufacture, production, selection, certification, dealing with or offering for sale, the goods of the proprietor or of a person who is, in terms of any enactment in force within Zambia, the registered user thereof.[As amended by No. 17 of 1959 and G.N. No. 153 of 1964]
Part II – Application of trade marks and trade descriptions
3. Application of trade marks and trade descriptions
Part III – Marking of goods and prohibitions in relation to trade marks and trade descriptions
4. Certain acts deemed to be a forgery of a trade markA person shall be deemed to forge a trade mark if he—
5. Forgery of trade marks and other acts prohibited
6. Prohibition of sale of goods bearing forged trade mark or false trade description
7. Prohibition of sale of imported goods unless accompanied by indication of origin
8. Prohibition of sale of imported goods unless accompanied by indication of origin
9. Importation of certain goods prohibitedNo person shall import into Zambia any goods—
10. Manner of application of mark
11. Marking of goods on importation
12. Removal of indication of origin from imported goods prohibited
13. Indication of origin and compliance with specified standards in the case of certain classes of goodsThe Minister may, after such investigation as he thinks fit, by statutory notice, prohibit the importation for sale or the sale of goods of any class or description, unless all or any of the following requirements, as specified in such notice, have been complied with:
14. Indication of origin of certain goods may be prescribedIf the Minister, after such investigation as he thinks fit, is satisfied, in the case of goods of any class or description which are made or produced in one country, that—
15. Use of certain marks may be prohibitedThe Minister may, after such investigation as he thinks fit, by statutory notice, prohibit, either absolutely or conditionally, the application to goods of any mark, word, letter or figure or of any arrangement or combination thereof.
16. Submission of representations by interested personsBefore the Minister issues any notice under section thirteen, fourteen or fifteen, he shall, by Gazette notice, invite representations on the matter within a period stated and take into consideration all representations so submitted.[As amended by G.N. No. 153 of 1964]
Part IV – Miscellaneous
17. Implied warranty on sale of marked goodsEvery person who sells any goods to which a trade mark or trade description has been applied shall be deemed to warrant that the mark is a genuine trade mark and not forged or falsely applied or that the trade description is not a false trade description, as the case may be, unless the contrary is expressed in writing signed by the seller or on his behalf and delivered at the time of the sale to and accepted by the purchaser.
18. Sale of goods in bottles marked with owner's nameNo person shall sell in any bottle, to which or to the stopper of which have been indelibly applied words indicating that the bottle is the property of a named person, goods resembling or so nearly resembling goods manufactured or produced for sale in any such bottle by such named person as to be likely to deceive.
19. Appointment of inspectors and powers of police officers and inspectors
21. Aiding and abetting offencesNo person shall within Zambia procure, counsel, aid, abet or be accessory to the commission outside Zambia of any act which, if committed in Zambia, would be an offence under this Act.[As amended by G.N. No. 153 of 1964]
22. Limitation of prosecutionNo prosecution for any offence under the provisions of this Act shall be commenced after the expiration of a period of three years reckoned from the date on which the offence was alleged to have been committed or one year next after the first discovery thereof by an inspector, police officer, or customs officer, whichever expiration first happens.
23. Offences and penaltiesSubject to the provisions of this Act, any person who contravenes or fails to comply with any provision of this Act shall be guilty of an offence and shall be liable—
History of this document
31 December 1996 this version
07 March 1958