Agreement on traderelated aspects of intellectual property rights 01 january 1995 the berne convention for the protection of literary and artistic works, usually known as the berne convention, is an international agreement governing, which was first accepted in berne, switzerland, in 1886. Considerable effort has been made to modernise and align zambia s intellectual property legislation to international standards. There are many types of intellectual property, and some countries recognize more than others. I introduction to intellectual property and competition law 2 advanced intellectual property law each of the two components is taught in. Intellectual property protection and enforcement manual. Office of the assistant secretary for planning and evaluation office of the assistant secretary for planning and evaluation. Zambia is not listed in ustrs special 301 report, nor is it on the notorious market list. Opinion the impact of intellectual property rights ipr protection in zambia has provided some insights on how it affects trade, foreign direct investment and economic growth to name a few. Fake and unsafe sugar floods the market, police say. Indeed, i am greatly honoured and privileged to present the national intellectual property policy as a critical step towards deriving benefits from national intellectual property for the economic development of zambia.
Civil and criminal remedies for intellectual property. The modern concept of intellectual property developed in england in the 17th and 18th centuries. A directed research paper submitted to the university of zambia, faculty of law in partial. But intellectual property confers legal rights in intangible form. Zambia protecting intellectual property zambia ipr provides advice on ipr protection, including information on the registration of patents and trademarks. With the exception of rights in confidential information, iprs are a form of personal moveable property. Zambia launched ip draft policy in 2009 and in 2010 the implementation. Zambia data protection overview guidance note dataguidance. Legal nature of iprs the legal nature of iprs determines what english law remedies are available for their infringement.
Heres how you can be sure your small business isnt on the hook. It is surprising, then, just how little founders think about prote. It is to address some of these questions that the unctadictsd project on intellectual property rights and sustainable development was launched in july 2000. Intellectual property rights ipr are set of rights associated with creations of the human mind. The importance of intellectual property valuation and protection. Aj park named intellectual property specialist law firm of the year at the new zealand law awards 2020. These works generally include literary works, art works, musical works among others. Explore the legal doctrines at the core of the innovation economy and learn how legal rights and information shape our lives. Zambia police service intellectual property unit mwebantu. Zambia does not have a highly developed case law system. The law provides for foreign nationals of countries that are members of the same convention or treaty to which zambia is part to, to enjoy the same protection accorded to zambians.
The patents act cap 400 provides for patent protection in zambia. This agreement, interalia, contains an agreement on trade related aspects of intellectual property. An efficient and equitable intellectual property system can help all countries realize intellectual property s potential as a powerful tool for economic development and social and cultural wellbeing. Intellectual property ip is a generic term that describes creations of the intellect in relation to which the law ascribes exclusive right of appropriation to the designated owners. Further protections and rights relating to marriage and family 61. Damages and specific performance recipient agrees that should recipient breach any of the promises contained in this agreement that owner would suffer irreparable harm and owner would be without adequate remedy at law and that. Intellectual property has potential to fuel economic. Property rights laws in zambia protection of property. Comprehensive list of intellectualproperty lawyers illinois. These are like any other property, and the law allows the owner to use the same to economically profit from the intellectual work. Getty imagesfangxianuo your business may have intellectual property ips, t. Republic of zambia ministry of commerce, trade and industry. Register for free businesstobusiness webinar, 24 march 2021.
The importance of intellectual property in india is well established at all levels statutory, administrative and judicial. Lack of these rights causes underemployment of women and keeps them impoverished. The patent regime in zambia is governed by the patents act of. Language, culture and intellectual property rights 57. Intellectual property has therefore grown into one of the worlds biggest and fastestgrowing fields of law thereby necessitating the demand for ip professionals well versed in this area to deal with iprs across the national. The legal and regulatory framework for mining sectors environmental compliance in zambia, mineral law in africa colloquium, lusaka.
Due to webenabled accessibility, ed works are being exploited without ever acquiring the consent of the author. The coming of english criminal law brought about a totally different concept of law on how to deal with offenders and this concept has remained the basis of the criminal law in zambia. Minister of commerce margaret mwanakatwe says intellectual property has the potential to stimulate economic growth. The term intellectual property reflects the idea that this subject matter is the product of the mind or the intellect, and that intellectual property rights may be protected at law in the same way as any other form of property. Patents and companies registration agency pacra ministry of commerce, trade and industry address. The food reserve agency has over a number of years been criticised due to the huge fiscal burden that the it has placed on the government. The commercial court has been established to deal with such issues.
Managing intellectual property protection in the digital age. Department of law spring term 2017 master programme in. Provides advice on ipr protection, including information on the registration of patents and trademarks. Lecture 09 notes copyright and intellectual property. Mainly, it is much essential to prepare yourself with the right advocates advice. The registrar has taken the view that the aforementioned provisions of the amendment act require both national and foreign owners of intellectual property in zambia to pay property transfer tax when assigning or transferring trade marks, patents or industrial designs. They can define rights and responsibilities of members of. Managing intellectual property ip protection in the digital age raises numerous challenges for global organizations and owners. Its principal functions are to operate a legal system for registration and protection of commercial and industrial property and to serve as a legal depository of the information tendered for registration. National intellectual property policy final draft, may 2009. Sep 02, 2020 more information and resources can be found through the department of commerce resources protecting intellectual property and corruption. It is to address some of these questions that the unctadictsd project on intellectual property rights and sustainable development was launched in. These laws and protocols concern many aspects of their life.
The zambia police service intellectual property unit has seized good valued at items is k126, 893. The main purpose of this paper is to show how the proposed amendments to be made to the food reserve act chapter 225 of the laws of zambia. Today, the law is to be found primarily in the penal code chapter 146 of the laws of zambia. Intellectual property infringement can have serious consequences. The three primary types of intellectual property are copyr. An output of the human mind may be attributed with intellectual property rights. Government, shipping, competition law and intellectual property. When you own a piece of property, its common to think that no one can tell you what to do with any part of it. The existing intellectual property laws in subsaharan africa do not cover all categories of intellectual output, and the covered laws are inadequately enforced. Comprehensive list of intellectualproperty lawyers colorado. Find intellectualproperty lawyers and lawfirms illinois. Related aspects of intellectual property rights, 1994, and any other relevant international treaty or convention to which zambia is a state party. Intellectual property rights, paper presented at the drgs workshop, siavonga 812th december 2014.
The second section provides suggested practices that businesses can utilize as part of their overall anticounterfeiting and piracy strategy. Republic of zambia ministry of commerce, trade and. Copyright registration in zambia copyright protection. Reasons countries enact intellectual property laws discoveries. Intellectual property protection and enforcement in whitewater west industries, ltd. Common law principles are only relied upon when there exists a lacuna or gap in the zambian law.
Intellectual property rights in india rajendra law office deals firstly with intellectual property rights. The patents and companies registration agency pacra is a semiautonomous executive agency of the zambian ministry of commerce, trade and industry. Law of intellectual property law 435 5 course guide introduction the law of intellectual property aims at protecting the rights in the works of authors. Alleshouse, 1 the federal circuit held, under california state law, an employment agreement that required a surfsimulation designer to assign his patents on any related inventions that did not use the employers confidential information after terminating.
Beyond the theft of customer data and potential regulatory issues and reputational damage following a cyberattack, it is imperative to understand other lessobvious costs, such as theft of intellectual property ip. It is vital to grasp this distinction because a book, a blueprint, a sheet of music, or a cd is never literally the subject of intellectual property laws the particular book, the particular. All items of this site belong to the editor or are subject to a use authorization granted by the owner of all items of this site, of the internet platform, of the trademark and of the domain name used by the site and are protected by intellectual property laws. Criminal law other offences under criminal law code being found in possession of goods in regard to which there is a reasonable suspicion that they were stolen criminal law statutory offences other than offences under criminal law code. Links provide access to primary documents, legal commentary, and general government information about specific jurisdictions and topics. As argued by world bank, countries with the unequal inheritance laws have also unequal property rights regimes. The teaching of intellectual property in the school of law at unza is divided into two components. Intellectual property has these commercial characteristics, but none of the physical attributes of ordinary, real or tangible property. Patents act, chapter 400 of the laws of zambia first enacted under the.
When most people think of property, they imagine something tangible, such as real estate, jewelry, or computers. Bizcommunity is proud to announce a media partnership with success by design in their forthcoming free webinar, titled b2b in africa for africa, taking place on wednesday, 24 march 2021 at 1212. Zambia legal information institute free access to law from. In this case, they need to satisfy the law enforcement agencies that the said works belong to them s 56. It is our belief as a directorate, that members of the university community, the zambian public, private and civil sector will find the research policy and the intellectual property policy stimulating and encouraging to undertake research. Zambias legal framework for intellectual property can be said to comprise the. Overview of the privacydata protection situation zambia has enacted various pieces of legislation that provide for a safe, secure, and effective environment for the conduct and use of electronic communications. Zambia is always assessed by unctad in terms of ipr. Dzekedzeke and company dco was formed in 1988 as a general practice law firm and has evolved into providing services in the areas of dispute resolution civil litigation and alternative dispute resolution, corporate and commercial law, banking and finance, the law of credit and security, intellectual property and conveyancing. Explore the legal doctrines at the core of the innovation economy and learn how legal rights and information shape.
However, this conclusion does not immediately flow from the wording of the act. The penal code owed its origin to moves in england. The most wellknown types are s, patents, trademarks, and trade secrets. Being intangible rights, intellectual property law therefore has a unique and peculiar nature. Republic of zambia national intellectual property policy implementation plan 2010 2014 ministry of commerce, trade and industry p. Intellectual property ip is a category of property that includes intangible creations of the human intellect.
This site and the whole content, including text, pictures, databases, programs, etc. Consequently, the intellectual property rights policy and its implementation plan, aimed. International treaty on plant genetic resources for food and agriculture. Zambia legal information institute free access to law. Data privacy and protection issues in zambia are mainly regulated by the electronic communications and transactions act no. Progressive realisation of economic, social, cultural and environmental rights further and special rights 59. As technology evolves at extraordinary rates, laws struggle to keep pace. Intellectual property rights stellenbosch university. We are delighted to announce that aj park has again been named ip specialist law firm of the year at the new zealand law awards 2020. Find intellectualproperty lawyers and lawfirms colorado. Intellectual property rights are important due to their sweeping effects on both the innovator and the economy. The law of zambia protects the rights of performers and holders of.
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