Protection of Names, Uniforms and Badges Act, 1957
- Commenced on 1 January 1958
- [This is the version of this document at 31 December 1996.]
1. Short titleThis Act may be cited as the Protection of Names, Uniforms and Badges Act.
2. InterpretationIn this Act, unless the context otherwise requires—"association" means any association, club, board, group or body formed within Zambia for the promotion of sport or for any other purpose, not of a political or religious character;"badge" means any token, design, crest, armorial bearings, insignia or emblem produced by printing, painting, embroidering, weaving, sewing, modelling, casting, embossing, engraving, staining or any other means whatsoever, whether manual, mechanical or chemical, separate or combined, which can be applied to any article for the pattern, shape, configuration or ornamentation thereof or for any two or more such purposes; but does not include a design for sculpture;"the Board" means the Colours Control Board appointed by the Minister for the purpose of authorising the use of any uniform or badge on behalf of any association or institution;"institution" means an institution formed or created within Zambia for the promotion of education, and includes any university, college, training college, normal college, technical college, school or any union or society of the present or past students or scholars of any such institution;"licensed trader" means a person licensed to trade in accordance with the provisions of the Trades Licensing Act;[Cap. 402]"register" means the register referred to in section four;"registered" means registered in accordance with the provisions of section eight;"uniform" means any article or articles of wearing apparel, including a tie other than a tie of which the design consists solely of an arrangement of stripes, being distinctive in design and colour, intended to be used by members of an association or institution or to be used by such persons as may be authorised by an association, institution or colours control board;"use", in relation to a uniform or badge, includes "wear".[As amended by No. 19 of 1959]
3. Colours Control BoardThe Minister may, by Gazette notice, appoint such persons as he may deem fit to be the Colours Control Board for the purposes of this Act.
4. Keeping of registerThe Board shall, for the purposes of this Act, cause a register to be kept wherein shall be entered the particulars referred to in subsection (4) of section eight as well as particulars of any amendment or deletion of any entry made under this Act.
5. Application for registration of names, etc.Any association or institution may make application to the Board for the registration of—
6. Form and particulars of applicationAn application made in terms of section five shall be made in such manner and contain such information as the Board, subject to the special or general directions of the Minister, may by rule prescribe and more particularly shall contain an exact and precise description of the name, special name, designation, uniform or badge sought to be registered, together with an exact and detailed pictorial representation of the uniform or badge both in respect to form and colour so as clearly to indicate the precise extent and limits of the protection applied for.
7. Publication of notice of application and lodging of objections
8. Grant or refusal of application
9. Publication of registrationThe Board shall cause a notice to be published in the Gazette of every registration made under subsection (4) of section eight and of every amendment or cancellation of any such registration.
10. Issue of certificates of registrationThe Board shall issue to the association or institution whose application has been granted by it a certificate of registration in such form as it thinks fit.
11. Use of registered name, etc.Subject to the provisions of section seventeen, an association or institution which possesses a valid certificate of registration under this Act shall be entitled to the sole and exclusive right to use or authorise the use of the name, special name, designation, uniform or badge in respect of which such certificate was issued.
12. Amendment and cancellation of certificate of registration
13. Authority to sell or buy registered uniform and badges
14. Offences and penaltiesAny person who is convicted of an offence under this Act shall be liable to a fine not exceeding one hundred and fifty penalty units.[As amended by Act No. 13 of 1994]
15. EvidenceIn any proceedings under this Act—
16. Prescribed feesFor the purpose of defraying the administrative expenses of the Board, there shall be paid to the Board by an association or institution in respect of an application to the Board such fees as may, by statutory notice, be prescribed by the Minister from time to time.
17. SavingsNothing in this Act contained shall prohibit—
History of this document
31 December 1996 this version
01 January 1958