WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
Intellectual J>roperty Rights IJ>~/I/Z~E~/l 
13 February 2002 
(02-0742) 
Original: Englishl 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL J>ROJ>ERTY 
LA ~S AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
ZIMBABWE 
The present document reproduces the texe of the Integrated Circuit Layout-Designs Bill, 
2001, as notified by Zimbabwe under Article 63.2 ofthe Agreement (see document IP/N/1/ZWE/2). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
J>RINCIJ>ALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
J>ROJ>RIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
ZIMBABWE 
Le present document contient le texte1 du projet de loi sur les schemas de configuration de 
circuits integres, 2001, notifie par le Zimbabwe au titre de l'article 63:2 de l'Accord (voir le document 
IP/N11 /ZWE/2). 
Consejo de los Aspectos de los Derechos de J>ropiedad 
Intelectual relacionados con el Comercio 
J>RINCIJ> ALES LEYES Y REGLAMENTOS DEDICADOS A LA 
J>ROJ>IEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL J> ARRAFO 2 DEL ARTICULO 63 DEL ACUERDO 
ZIMBABWE 
En el presente documento se reproduce el texto1 del proyecto de ley de esquemas de trazado 
de circuitos integrados de 2001, notificado por Zimbabwe de conformidad con 10 dispuesto en el 
parrafo 2 del articulo 63 del Acuerdo (v ease el documento IP/N/l/ZWE/2). 
I fn English only.lEn anglais seulement.!En ingles solamente. IPINIl IZWEILlI 
Page 2 
INTEGRATED CIRCUIT LAYOUT-DESIGNS BILL, 2001 
MEMORANDUM 
This Bill will provide for the registration and protection of layout-designs of inte­
grated circuits, that is to say, the designs of the circuits of microchips which are the "brains" 
of computers and many other electronic devices. The provisions of the Bill take due 
account of and implement the Treaty on Intellectual Property in Respect of Integrated 
Circuits (the Washington Treaty), which was concluded in Washington on the 26th May, 
1989,' and the Agreement on Trade-Related Aspects of Intellectual Property Rights (the 
TRIPS Agreement), which was concluded in 1994 in the framework of the Uruguay Round 
of GATT. ' Article 35 of the TRIPS Agreement makes the application of the Washington 
Treaty, with some amendments, mandatory for members of the World Trade Organisation. 
In more detail, the individual provisions of the Bill are as follows: 
Partl 
Clause 1 sets out the Bill's short title. 
Clause 2 contains definitions of terms that are used throughout the Bill. The defini­
tions of "integrated circuit" and "layout design" conform with the definitions of those 
terms that are contained in the Washington Treaty. 
Part Il 
This Part deals with administrative matters. Clause 3 provides that the Industrial 
Designs Office established under the Industrial Designs Act [Chapter 26:021 will be the 
Designs Office for the purposes of this Bill, while the registrars and other staff of that 
Oft ice will perform the functions of the Registrar and his staff under the Bill. The Regi­
strar and all other members of his staff will be under the general control of the Controller of 
Patents, Trade Marks and Industrial Designs. Under clause 4 the.seal of the Patents Office 
will be used to authenticate documents for the purposes of the Bill. Clause 5 provides for 
a Register of Integrated Circuit Layout-Designs to be established and kept at the Designs 
Office; particulars of all registered layout-designs, including notes of any assignments and 
transfers, will be recorded in the Register. The Register will be open to inspection by 
members of the public, who will be entitled to obtain certified copies of entries in the 
Register (clause 6). 
Part III 
Clause 7 sets out the criteria that layout-designs will have to meet in order to be 
registered under the Bill. They will have to be original-that is, they will have to be 
created through intellectual effort and not be the result' of common knowledge amongst 
designers and manufacturers of microchips. Furthermore, they wil1 not be registrable if 
they have been previously exploited commercially for more than two years anywhere in 
the world. Under clause 8 proprietorship of a layout-design will vest in its creator, unless 
it was created under a contract of employment or under commission, in which event the 
employer or person who commissioned it will be the proprietor. A proprietor of a layout­
design will be able to transfer his rights, and if he does so the transferee will be the pro­
prietorfor the purposes of the Bill: clause 8 (3). TPlNll/ZWE/Lll 
Page 3 
Clauses 9 to 14 deal with the registration of layout-designs. Under clause 9 an appli­
cation for registration may be made by the proprietor of a design, or a person to whom he 
has assigned his rights, or by a legal representative of a proprietor of an assignee. Applica­
tions will have to be lodged with the Designs Office, together with the fee prescribe,d in 
regulations, and applicants will have to provide the information set out in clause 10 (l). If 
an application complies with clause 10 the Registrar will be obliged to accept it and the 
applicant will then have to advertise it in the prescribed way. Interested parties will have 
two months within which to notify the Registrar in writing of their opposition to the 
registration of the layout-design concerned. If no one objects to an application the 
Registrar will be obliged to register the layout-design concerned in terms of clause 12 (1) 
(a). If an objection is lodged the applicant will be entitled to lodge a counter-statement 
in reply to the objection, and the Registrar will have to hear the parties and decide whether 
or not to register the design (clause 11 (4)). An appeal to the Intellectual Property Tribunal 
will lie against any decision of the Registrar in regard to the registration of a design. 
Registration will normally be effective from the date on which the application was lodged 
with the Designs Office (clause 13). Whenever he registers a layout-design, the Registrar 
will have to issue the proprietor with a certificate of registration (clause 14). 
Part IV 
The effect of registering a layout-design is dealt with in this Part. A proprietor of a 
registered layout-design will have the exclusive right to reproduce his design or to import, 
sell or distribute it commercially. See clause 15, which goes on to list cases in which 
other people will be allowed to use or deal with a registered layout-d(;i)jgn without 
the proprietor's consent. It should be noted that the State will be bound to respect a 
proprietor's rights (see clause 15(5)) though the State's interests will be protected by clau'ses 
24 and 25, which are dealt with below. Protection of a registered layout-design will last for 
10 years from the date of its first commercial exploitation or from the effective date of its 
registration. 
Part V 
This Part deals with amendments to the Register and the cancellation of registration. 
The Registrar will be entitled to correct clerical errors in the Register under clause 17, 
t~ough if he does so otherwise than at the request of the proprietor concerned, he will have 
to notify the proprietor and give him an 0pPOltunity to be heard. The Intellectual Propelty 
Tribunal will be entitled to rectify the Register under clause 18 by making, varying or 
deleting entries in it. Clause 19 deals with the cancellation of the registration of layout­
designs. The Registrar will have power to cancel any registration under clause 19( 1) if the 
proprietor requests him to do so. The Tribunal will have power to cancel a registration on 
application by an interested party, if the Tribunal is satisfied that the layout-design con­
cerned.was not capable of being registered or that the registered proprietor is not in fact the 
real proplietor. 
Part VI 
This Part deals with the transfer of interests in registered layout-designs. Under 
clause 20 a registered proprietor will have the right to assign his rights or to grant other 
people licences to use his design or to deal with it in other ways, though any assignment or 
contract for the transfer or sharing of proprietorship will have to be in writing (clause 2 J ). 
Furthermore, a document which records an assignment or other transfer of proprietorship 
will not be capable of being produced as evidence in court unless the assignment or trans­
fer has been registered (clause 22). IP/N/l/ZWE/L/1 
Page 4 
Part VlI 
Under clause 23, any interested person who can show that he needs to exploit a 
registered layout:design for public non-commercial purposes or to remedy an anti­
competitive practice and that he has been unable to get a licence from the proprietor on 
reasonable terms, will be entitled to apply for a compulsory licence after a specified time 
has elapsed since the design was registered. An application under the clause will be 
made to the Registrar, who will notify the proprietor concerned and ensure that the applica­
tion is advertised in the Patent Journal, and will then pas~ the matter on to the Intellectual 
Property Tribunal for decision. The Tribunal will have power to grant a licence if it is 
satisfied that circumstances justifying its grant have been established. Exploitation of a 
registered layout-design under a compulsory licence will not nOlmally be for commercial 
purposes, but if it is (i.e., if the licence has been issued to remedy an ~nti-competitive 
practice) it will have to be directed primarily at satisfying the Zimbabwean market. A 
compulsory licence will have to be granted on tern1S and conditions that give the proprietor 
a reasonable royalty or return (clause 23(9)(c) and (d»). A compulsory licence will be 
revoked if the circumstances that led to its grant cease to exist, or if the licensee fails to 
comply with its conditions. 
Clause 24 will pern1it a registered layout-design to be exploited for the service of the 
State in certain circumstances. The terms and conditions of any such exploitation will be 
fixed by the parties or, if they cannot agree, by the Intellectual Property Tribunal Clause 
25 will give greater powers of exploitation to the State in the event of a war or other 
emergency. Disputes between the State and the proprietor over the exploitation of a regi­
stered design will be settled by the Tribunal under clause 26. 
Part VIII 
This Part deals generally with the Registrar's powers. Clause 27 will oblige the 
Registrar to afford interested parties a hearing before exercising any discretion that affects 
their interests adversely. Evidence in proceedings before the Registrar will normally be 
given by affidavit (clause 28), though he will have power to hear evidence on oath and 
will generally have the same powers in regard io the taking of evidence as commissioners 
under the Commissions of Inquiry Act [Chapter 10:07/. The Registrar will be able to award 
costs in proceedings before him under clause 29, subject to taxation by the registrar of the 
Intellectual Property Tribunal, and under clause 30 he will have a general power to fix 
the times and places at which he will hear matters anu [0 adjourn proceedings as he thinks 
fit. Clause 31 will give him power to extend time-limits for things to be done under the 
Bill. Part IX TPINI1IZWE/LlJ 
Page 5 
The Intellectual Property Tribunal will hear appeals from decisions of the Registrar 
under the Bill (clause 32). An appeal will have to be lodged within two months after the 
appellant was notified of the decision that is the subject of the appeal (clause 33) and after 
hearing the parties the Tribunal will ha,,:e power to confirm, vary or set aside the decision 
appealed against or to exercise any power that the Registrar could have exercised in the 
matter (clause 34). The Registrar will be able to refer cases to the Tribunal if he considers 
that they involve points of law or are unusually important or complex (clause 35). The 
Registrar will not be liable to pay the costs of other parties in any appeal or reference under 
the Bill (clause 36). Under clause 37, if the Tribunal or a court decides that a layout-design 
has been validly registered it will be empowered to issue the proprietor concerned with a 
certificate to that effect. Anyone who subsequently brings legal proceedings challenging 
the validity of the design's registration will risk having to pay all the proprietor's costs ifhe 
fails to sllcceed in his challenge. 
Part X 
This Part deals with infringements of the rights of proprietors of registered layout­
designs. The Intellecmal Property Tribunal, together with the High Court and magistrates 
courts, will have jurisdiction to hear proceedings for infringement (clause 38). Clause 39. 
sets out provisions that will apply generally to proceedings for infringement. For example, 
the person who is alleged to have committed the infringement will have a defence to the 
proceedings if he shows that the design concerned should not have been registered. He 
will also be able to counter-claim for the cancellation ofthe design's registration. And both 
parties will have to state clearly the grounds on which they rely for their allegations. Under 
clause 40, a proprietor will be entitled to a full range of civil remedies for infringement, 
including damages and an interdict. The clause sets out the basis on which damages may 
be claimed; if the infringement is flagrant, penal damages will be claimable. Clause 41 
wiIr give the Tribunal and a court power to issue what are known as "Anton Piller" orders, 
that is, orders granted without notice for the purpose of preventing the destruction or con­
cealment of evidence to defeat a plaintiff's claim. Clause 42 will permit anyone who is 
harassed by groundless threats of an infringement action to obtain an interdict or other 
remedy to prevent the threats and to obtain damages for any harm suffered as a result of 
them. 
Part XI 
This Part will create several criminal offences. Under clause 43 it will be an offence 
knowingly to make false entries in the Register or to produce false evidence of entries in . 
the Register, while under clause 44 the making of false statements to the Registrar or an 
officer of the Designs Office with intent to deceive him will also be an offence. Perjury 
in evidence given in proceedings before the Registrar will be an offence (clause 45), as 
will the making of a false re'presentation that a design has been registered under the Bill 
(clause 46). 
Part XII 
Under clause 47, entries in the Register will be proof of their contents unless the 
contrary is proved, while clause 48 will enable the contents of such entries, as well as other 
matters, to be proved by documents signed by the Registrar. IPINII/ZWE/Lll 
Page 6 
Part XIlI 
This Part deals with miscellaneous matters. Copies and drawings of reg~stered lay­
out-designs will be open to inspection under clause 49, though the Minister will have power 
under clause 56 to make regulations prohibiting or limiting the public inspection of certain 
designs until a specified period has elapsed since they were registered. Clause 50 will 
enable applications and other procedures under the Act to be undertaken by patent or trade 
mark agents on behalf of the proprietors of the designs concerned. Clause 51 will prescribe 
how documents are to be lodged with the Designs Office or the Registrar, and will obviate 
the need for documents to be authenticated. Under clause 52 notice of trusts in relation to 
layout-designs will not be capable of being entered in the Register. Clause 53 will make the 
payment of a fee mandatory, where a fee is prescribed, by providing that nothing will be 
done under the Act until the fee is paid. Under clause 54 the Minister of Justice, Legal and 
Parliamentary Affairs will have power to direct the Registrar to publish case reports and 
other material relating to layout-designs in the Patents Journal. Clause 55 will make it 
clear that the State will be entitled to sell or dispose of articles forfeited under enactments 
such as the Customs and Excise Act or the Criminal Procedure and Evidence Act Clause 
56 will give the Minister power to make regulations dealing with matters such as forms to 
be used· in applications and other proceedings under the Bill, the service of notices and 
documents, the conduct of business in the Designs Office, and giving effect to interna­
tional treaties to which Zimbabwe is a party. Finally, clause 47 will extend the application 
of rules and regulations made under the Trade Marks Act [Chapter 26:04] to cover matters 
under the Bill until such time as regulations are made under clause 56. INTEGRATED CIRCUIT LAYOUT-DESIGNS BILL, 2001 
Section 
1. Short title. 
2. Interpretation. ARRANGEMENT OF SECTIONS 
PART I 
PRELIMINARY 
PART II 
DESIGNS OFFICE, OFFICERS AND REGISTER 
3. Designs Office, Controller, registrars and other officers. 
4. Seal. 
5. Register of Integrated Circuit Layout-Designs. 
6. Inspection of Register and right to obtain copies of entries therein. 
PART III IPINIlIZWE/LlI 
Page 7 
REGISTRABLE LAYOUT-DESIGNS, PROPRIETORSHIP AND PROCEEDINGS FOR REGISTRATION 
7. Layout -designs that may be registered. 
8. Proprietorship of layout-designs. 
9. Persons entitled to apply for registration. 
10. Application for registration. 
11. Publication of application and opposition thereto. 
12. Registration. 
13. Effective date of registration. 
14. Certificate of registration. 
PART IV 
EFFECT OF REGISTRATION 
15. Extent of protection of registered layout-designs. 
16. Period of protection of registered layout-designs. 
PART V 
CORRECTION AND RECTIFICATION OF REGISTER AND CANCELLATION OF REGISTRATION 
17 .. Power of Registrar to authorise corrections. 
18. Rectification of Register. 
19. Cancellation of registration. IPINI] IZWE/L/l 
Page 8 
PART VI 
ASSIGNMENTS, LICENCES AND TRANSFER OF INTERESTS IN REGISTERED LAYOUT-DESIGNS 
20. Right of proprietor to assign and transfer rights in registered layout-design. 
21. Assignments, etc., to be in writing. 
22. Registration of assignments, licences, etc. 
PART VII 
COMPULSORY LICENCES AND USE OF REGISTERED LAYOUT-DESIGNS BY STATE 
Section 
23. Compulsory licence in respect of registered design. 
24. Use of registered layout-design for service of the State. 
25. Special provisions as to State use during emergency. 
26. Reference of disputes as to State use. 
PART VIII 
POWERS OF REGISTRAR 
27. Exercise of discretionary powers of Registrar. 
28. Proceedings before Registrar. 
29. Registrar may award costs. 
30. Power of Registrar to fix time and place of sitting and to adjourn proceedings. 
31. Power of Registrar to extend time-limits. 
PART IX 
ApPEALS AND REFERENCES 
32. Appeals from decisions of Registrar. 
33. Time for appeals. 
34. Powers of Tribunal on appea1. 
35. References to Tribunal by Registrar. 
36. Costs of Registra.r 
37. Certification of validity of registration PART X 
INFRINGEMENTS IP/N/l IZWE/LI I 
Page 9 
38. Tribunal or court that may hear proceedings for infringement of registered layout-
design. 
39. Provisions applicable to proceedings for infringement of registered layout-design. 
40. Remedies available in proceedings for infringement. 
41. Anton Pilfer orders. 
42. Remedy for groundless threats of infringement proceedings. 
PART XI 
OFFENCES AND PENALTIES 
43. Falsification of certain documents. 
44. Deceiving or influencing Registrar or officer. 
45. Witness giving false evidence before Registrar. 
46. False representation that layout-design is registered. 
PART XII 
EVIDENCE 
47. Register to be evidence of entries therein. 
48. Evidence of certain entries and documents. 
PART XIII 
GENERAL 
Section 
49. Inspection of registered layout-design. 
50. Recognition of agents. 
51. Lodging and authentication of documents. 
52. Notice of trusts not to be entered in Register. 
53. Provisions as to fees. 
54. Publication of matters in Journal. 
55. Saving of rights in respect of articles forfeited to State. 
56. Regulations. 
57. Transitional provisions. TPINIIIZWE/LI 1 
Page 10 
PRESENTED BY THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS 
BILL 
To provide for the registration of layout-designs of integrated circuits and 
for the protection of registered layout-designs; and to provide for mat­
ters connected therewith or incidental thereto. 
WHEREAS Article 35 of the Agreement on Trade-RelatedAspects of Intellectual Property 
Rights (the Trips Agreement), which was concluded in 1994 in the framework (~f the 
Uruguay Round of GATT, provides for members to agree to provide protection}H·layout­
designs of integrated circuits in accordance with the Treaty on IntellecTUal Property in 
Respect of Integrated Circuits (the Washington Treaty), which was concluded in Washing­
ton on the 26111 May, 1989; 
AND WHEREAS Zimbabwe is amember of the World Trade Organisation; 
AND WHEREAS it is desirable to make provision for the protection of integrated circuit 
layout-designs so as to comp!.v with our obligations under the Trips Agreement: 
NOW, THEREFORE, be it enacted by the President and the Parliament of Zimbabwe as 
follows:-
PARTl 
PRELIMINARY 
1 Short title and date of commencement 
This Act may be cited as the Integrated Circuit Layout-Designs Act [Chapter 26:07]. 
2 Interpretation 
In this Act-
"assignee", in relation to a layout-design, means-
(a) a person who has derived his title to the design for Zimbabwe directly 
or indirectly from its proprietor or from the proprietor's assignee; or 
H.B. 13,2001.] 
(b) the legal representative of a person referred to in paragraph (a); 
"celtificate of registration" means a certificate of registration issued in terms of 
section fourteen; 
"Controller" means the Controller of Patents, Trade Marks and Industrial Designs 
appointed in terms of paragraph (a) of subsection (2) of section 3 of the 
Patents Act; 
"department of the State" means any­
(a) department of the State; or 
(b) statutory corporation or authority which is prescribed for the purposes 
of this definition; IPINI1!ZWE/LlI 
Page 11 
"Designs Office" means the Industrial Designs Office referred to in subsection (1 ) 
of section three; 
"exclusive licence" means a licence from the proprietor of a registered layout­
design which confers on the licensee, or on the licensee and persons autho-' 
rised by him, to the exclusion of all other persons, including the registered 
proprietor, any right in respect of the design; 
"infringement", in relation to a registered layout -design, means conduct that 
infringes any of the proprietor's rights confelTed by subsection (1) of section 
fifteen; 
"integrated circuit" means a product, in final or intermediate form, containing 
electrical, electromagnetic or optical elements and circuitry, which is capa­
ble of performing an electrical or an optical function and in which at least a 
part of the electrical, electromagnetic or optical elements and circuitry are 
integrally formed, in .accordance with a predetermined topography, in or on 
a semiconductor or other material; 
"Journal" means the Patent and Trade Marks Journal published in terms of section 
95 of the Patents Act; 
"layout-design" means a functional design which consists of the pattern, shape or 
configuration, however expressed, of the three-dimensional disposition of 
all or some of the electrical, electromagnetic or optical elements and cir­
cuitry of an integrated circuit, and includes such a design of an integrated 
circuit that is intended for manufacture; 
"legal representative" means-
(a) the liquidator or receiver of a company; or 
(b) a person who is recognised by law as the representative of any person 
who has died, become insolvent or bankrupt or assigned his estate, is a 
minor, is of unsound mind or is otherwise under a disability; 
"Minister" means the Minister of Justice, Legal and Parliamentary Affairs or any 
other Minister to whom the President may, from time to time, assign the 
administration of this Act; 
"Patents Act" means the Patents Act [Chapter 26:03]; 
"proprietor", in relation to a layout-design, means the design's proprietor as 
provided in section eight; 
"Register" means the Register of Integrated Circuit Layout-Designs kept at the 
Designs Office in terms of section five; 
"registered" means registered in the Register in terms of this Act; 
"Registrar" means-
(a) the Controller; or 
(b) a registrar referred to in subsection (3) of section three; or 
(c) an officer who is exercising a function which the Controller has 
directed, in terms of subsection (4) of section three, should be exer­
cised by that officer; 
"Tribunal" means the Intellectual Property Tribunal established by section 3 of the 
Intellectual Property Tribunal Act [Chapter 26:06]. IP/NIJ IZWE/L/l 
Page 12 
PARTII 
DESIGNS OFFICE, OFFICERS AND REGISTER 
3 Designs Office, Controller, registrars and other officers 
( 1) The Industrial Designs Office established by subsection (1) of section 3 of the 
Industrial Designs Act [Chapter 26:02] shall be responsible for registering layout-designs 
and for exercising all the other functions of the Designs Office in terms of this Act. 
(2) The Controller shall exercise general supervision and direction of the Designs 
Office in the exercise of its functions under this Act. 
(3) Every registrar of industrial designs referred to in paragraph (a) of subsection 
(3) of section 3 of the Industrial Designs Act [Chapter 26:02] shall have power, subject to 
the Controller's general supervision and direction, to exercise the functions of the Regi­
strar under this Act or any other enactment. 
(4) If the Controller so directs, an officer referred to in paragraph (b) of subsec­
tion (3) of section 3 of the Industrial Designs Act [Chapter 26:02] shall have power, sub­
ject to the Controller's general supervision and direction, to exercise any function of the 
Registrar under this Act or any other enactment. 
4 Seal 
The seal of the Patent Office kept in terms of the Patents Act shall also be the seal 
of the Designs Office for the purposes of this Act, and impressions thereof made for the 
purposes of this Act shall be judicially noticed. 
5 Register of Integrated Circuit Layout-Designs 
. There shall be kept at the Designs Office for the purposes of this Act a Register of 
Integrated Circuit Layout-Designs, in which shall be entered-
(a) particulars of all registered layo!Jt-designs in force, inc1uding­
(i) the names and addresses of their proprietors; and 
(ii) the effective date of their registration; and 
(iii) the date of their first commercial exploitation, where that date was 
specified when application was made for their registration; 
and 
(b) particulars of assignments and transmissions of registered layout-designs; 
and 
(c) everything which is required by or under this Act to be entered in the Regi­
ster; and 
(d) such other things relating to registered layout-designs as the Registrar thinks 
necessary or desirable to enter in the Register. 
6 Inspection of Register and right to obtain copies of entries therein 
The Register shall be open to inspection by the public at all convenient times, and a 
certified copy, sealed with the seal of the Patent Office, of any entry in the Register shall be 
given on payment of the prescribed fee to any person who requires it. PART III IP/NIlIZWE/LII 
Page 13 
REGISTRABLE LAYOUT-DESIGNS, PROPRIETORSHIP AND PROCEEDINGS FOR REGISTRATION 
7 Layout-designs tt1at may be registered 
(I) Subject to this Act, a layout-design shall be capable of registration only if­
(a) it is original within the meaning of subsection (2); and 
(b) it has not yet been exploited commercially anywhere in the world, or has not 
been exploited commercially anywhere in the world for more than two years 
prior to the application for its registration, anywhere in the world. 
(2) A layout-design shall be considered to be original if it is the result of its crea­
tor's own intellectual effort and is not commonplace among creators of layout-designs and 
manufacturers of integrated circuits at the time of its creation. 
(3) A layout-design consisting of a combination of elements and interconnections. 
that are commonplace shall be capable of registration only if the combination, taken as a 
whole, is original within the meaning of subsection (2). 
(4) For the avoidance of doubt, it is declared that paragraph (b) of subsection (l) 
shall apply whether the commercial exploitation referred to therein occurred before, on or 
after the date of commencement of this Act. 
8 Proprietorship of layout-designs 
(1) Subject to this section, the creator of a layout-design shall be treated for the 
purposes of this Act as the proprietor of the design. 
(2) Where a layout-design has been created in execution of a commission or an 
employment contract, the person who commissioned-the work or the employer, as the case 
may be, shall be treated for the purposes of this Act as the proprietor. 
(3) Where a layout-design becomes vested, whether by assignment, transmission 
or operation of law, in any person other than the original proprietor, whether alone or 
jointly with the original proprietor, that other person or, as the case may be, the original 
proprietor and that other person shall be treated for the purposes of this Act as the pro­
prietor of the design. 
9 Persons entitled to apply for registration 
An application for the registration of a layout-design may be made by or on behalf of 
any of the following--
(a) a person claiming to be the proprietor of the design; or 
(b) a person claiming to be the proprietor's assignee; or 
(c) the legal representative of a person referred to in paragraph (a) or (b); 
and may be made by that person either alone or jointly with anyone else. 
10 Application for registration 
(1) An application for the registration of a layout-design shall­
(a) specify the applicant's name, address and nationality; and 
(b) contain a brief and precise designation of the layout-design; and IP/N/l/ZWEILll 
Page 14 
(c) be accompanied by a copy or drawing of the layout-design together with 
information defining the electronic function which the integrated circuit con­
cerned is intended to perform: 
Provided that the copy or drawing may omit matters relating to the 
way in which the layout-design is manufactured, if the copy or drawing is 
sufficient to permit the identification of the layout-design; and 
(d) specify the date on which the layout-design was first exploited commer­
cially anywhere in the world or, as the case may be, state that such exploita­
tion has not commenced; and 
(e) contain sufficient particulars to establish prima facie that the layout-design 
is capable of registration; and 
(t) contain such other particulars and information as may be prescribed; and 
(g) be accompanied by the prescribed fee. 
(2) An application for the registration of a layout-design shall be lodged at the 
Designs Office in the prescribed manner. 
(3) If an application does not comply substantially with anyone or more of the 
requirements of subsection (1), the Registrar shall invite the applicant to correct it within 
two months and, if the applicant fails to do so, the application shall be deemed not to have 
been lodged in terms of this section. 
(4) On receipt of an application which complies with the requirements of subsec­
tion (1), the Registrar shall accept the application without investigating the originality of 
the layout-design concerned or the correctness of the facts stated in the application. 
(5) At any time before or after acceptance of an application under subsection (4), 
the Registrar may-
(a) correct any error in or in connection with the application; or· 
(b) permit the applicant to amend his application upon such terms as the Regi­
strar thinks fit: 
Provided that the Registrar shall not permit an amendment which 
substantially affects the identity of the layout-design. 
(6) An appeal shall lie against-
(a) a decision by the Registrar under subsection (3) that an application does not 
comply substantially with any requirement of subsection (1); or 
(b) a refusal ~y the Registrar to permit an amendment of an application under 
subsection (5). 
11 Publication of application and opposition thereto 
(1) As soon as practicable after an application for the registration of a layout­
design has been accepted, the applicant shall advertise in the prescribed manner the applica­
tion as accepted, and the advertisement shall set forth any conditions and limitations sub­
ject to which the application has been accepted: I PINII IZWE/Lll 
Page 15 
Provided that in exceptional circumstances the Registrar may direct that an 
application shall be advertised before acceptance and, where an application has been 
so advertised, the Registrar may direct that it shall be advertised again when it has been 
accepted. 
(2) Any person may, within two months from the date on which an application 
was advertised, give the Registrar notice of opposition to the registration, which notice 
shall-
(a) be gIven in writing in the prescribed manner; and 
(b) include a statement of the grounds of opposition. 
(3) The Registrar shall send a copy of any notice in terms of subsection (2) to 
the applicant and, within the prescribed time after its receipt, the applicant may send the 
Registrar in the prescribed manner a counter-statement of the grounds on which he relies 
for his application. 
(4) If an applicant-
(a) does not send the Registrar a counter-statement in terms of subsection (3) 
after being sent a copy of a notice in terms of that subsection, he shall be 
deemed to have abandoned his application; 
(b) sends the Registrar a counter-statement in terms of subsection (3), the Regi­
strar-
(i) shall furnish a copy of it to every person who gave notice of opposi­
tion; and 
(ii) after considering the evidence and hearing any representations or 
argument the parties may wish to make, shall decide whether registra­
tion is to be permitted and, if it is, with what amendments, modifica­
tions, conditions or limitations it is to be permitted. 
(5) An appeal shall lie .from any decision of the Registrar under this section. 
(6) At the hearing of an appeal under this section, any party may, either in the 
manner prescribed or by special leave of the Tribunal, bring forward further material for 
the Tribunal's considerati on. 
(7) In an appeal under this section, no further grounds of objection to the registra­
tion of the layout-design concerned shall be allowed to be taken by the opponent or the 
Registrar, other than those stated in terms of this section by the opponent, except by leave 
of the Tribunal and, where any further grounds of objection are taken, the applicant shall be 
entitled to withdraw his application on giving the prescribed notice, without payment of 
the opponent's costs. 
12 Registration 
(l)If-
(a) no notice of opposition is lodged in terms of subsection (2) of section eleven 
in respect of an application for registration of a layout-design; or IPINI1/ZWE/Lll 
Page 16 
(b) the Registrar has decided, in terms of subparagraph (ii) of paragraph (b) of 
subsection (4) of section eleven, that registration of a layout-design is to be 
permitted, and no appeal has been lodged against that decision; or 
(c) the Tribunal, on an appeal against a decision of the Registrar in terms of 
section eleven, directs that a layout-design should be registered; 
the Registrar shall register the design concerned. 
(2) The Registrar shall cause notification of the registration of a layout-design to 
be published in the Journal. 
13 Effective date of registration 
(I) Subject to subsection (2), the effective date of registration of a layout-design 
shall be the date on which the application for its registration was lodged with the Designs 
Office in terms of section ten. 
(2) If an application for the registration of a layout-design, when initially lodged 
at the Designs Office-
(a) does not contain sufficient particulars to identify the applicant; or 
(b) is not accompanied by a copy or drawing of the layout-design, together with 
information defining the electronic function which the integrated circuit con­
cerned is intended to perform; 
and those defects are corrected within the two-month period specified in subsection (3) of 
section ten, the effective date of registration of the layout-design shall be the date on which 
the corrections were lodged with the Designs Office. 
14 Certificate of registration 
(I) The Registrar shall issue a certificate of registration in the prescribed form to 
the registered proprietor of a layout-design when the design is registered. 
(2) The Registrar may-
(a) where he is satisfied that the certificate of registration has been lost or 
destroyed; or 
(b) in any other case in which he thinks it expedient; 
furnish one or more copies of any certificate of registration. 
PARTlY 
EFFECT OF REGISTRATION 
15 Extent of protection of registered layout-designs 
(1) Subject to this Act, the registration of a layout-design shall render the follow­
ing acts unlawful if performed without the proprietor's authorisation-
(a) reproducing the whole or any part of the layout-design, whether by incorpo­
rating it in an integrated circuit or otherwise; 
(b) for commercial purposes, importing, selling or distributing-­
(i) the layout-design; or I PINII1ZWE/LI 1 
Page 17 
(ii) an integrated circuit that incorporates the layout-design; or 
(iii) an article that incorporates an integrated circuit referred to 10 
subparagraph (ii). 
(2) The registration of a layout-design shall not prevent the following acts being 
performed without the proprietor's authorisation-
(a)· reproducing the layout-design for private purposes or for the sole purpose of 
evaluation, analysis, research or teaching; or 
(b) creating, on the basis of the evaluation, analysis or research referred to in 
paragraph (a), a layout-design which is itself original within the meaning of 
subsection (2) of section seven, and-
(i) incorporating that layout-design in an integrated circuit; and 
(ii) performing any of the acts refened to in subsection (I) in respect of 
that layout-design 
or 
(c) performing any of the acts referred to in paragraph (b) of subsection (1) in 
respect of an id~nticallayout-design which is original and has been created 
independently by a third party. 
(3) A person may perform any of the acts referred to in paragraph (b) ef subsec­
tion (1) in respect of a registered layout-design or an integrated circuit incorporating a 
registered layout-design, where the design or the circuit, as the case may be, has been put 
on the market by the proprietor or with the proprietor's authorisation. 
(4) Where a person performs any of the acts refelTed to in paragraph (b) of sub­
section (1) in respect of-
(a) a layout-design which is an unlawful reproduction of a registered layout­
design; or 
(b) an integrated circuit incorporating an unlawfully reproduced layout-design 
referred to in paragraph (a); or 
(c) an article incorporating an integrated circuit referred to in paragraph (b); 
the act shall be lawful if, when the person acquired the layout-design, integrated circuit or 
article concerned, he did not know and had no reasonable grounds to know that the layout­
design was an unlawful reproduction: 
Provided that, after he has received due notice that the layout-design concerned is an 
unla\vful reproduction, he may perform any of those acts only in respect of stock which he 
had on hand when he received the notice or which he ordered before he received the notice 
and, if he does perform any of those acts in respect of that stock, he shall be liable to pay 
the proprietor of the registered layout-design a sum equivalent to a reasonable royalty such 
as would be payable under a freely ~egotiated licence in respect of such a layout-design. 
(5) Subject to this Act, the registration of a layout-design shall have the same 
effect against the State as it has against a subject. 
16 Period of protection of registered layout-designs 
(1) The protection accorded to any registered layout-design by sectionj{fteen shall 
commence-fP/N/J/ZWE/Lll 
Page 18 
(a) on the date on which the design was first exploited commercially anywhere 
in the world by or with the authorisation of its proprietor; or 
(b) where the design has not been exploited commercially before its registra­
tion, on the effective date of its registration, as provided in section thirteen. 
(2) The protection accorded to any registered layout-design by sectionf~fteen shall 
terminate at the end of the tenth calendar year after the commencement of the protection in 
terms of subsection (1). 
PARTY 
CORRECTION ANn RECTIFICATION OF REGISTER AND CANCELLATION OF REGISTRATION 
17 Power of Registrar to authorise corrections 
(1) The Registrar may authorise the correction of any clerical or similar error in 
the Register. 
(2) The Registrar may authorise a correction in terms of subsection (I) either on 
his own initiative or upon a request in writing made by any interested person and accompa­
nied by the prescribed fee. 
(3) Where it is proposed to make a correction otherwise than upon a request in 
writing, the Registrar shall give notice of the proposal to the registered proprietor of the 
layout-design and to any other person who appears to him to be concerned, and shall give 
any such person an opportUl~ity to be heard before the correction is made. 
18 Rectification of Register 
(I) On the application of any aggrieved person, the Tribunal may order the Regi­
ster to be rectified by the making or alteration of any entry in it or the deletion of any entry 
from it. 
(2) The Tribunal may determine any question which it may be necessary or expe­
dient to decide in connection with the rectification of the Register. 
(3) Notice of any application 10 the Tribunal in terms of subsection (l) shall be 
given in the prescribed manner to the Registrar and to any other person appearing from the 
Register to be interested in the layout-design concerned, and the Registrar and any such 
person shall be entitled to appear and be heard in the application. 
(4) A notice of any order made by the Tribunal under this section shall be served 
on the Registrar and, on receipt of the notice, the Registrar shall rectify the Register 
accordingly. 
19 Cancellation of registration 
(1) Upon a request being made in the prescribed manner hy the registered pro­
prietor of a registered layoLlt-design, the Registrar may cancel the registration of the whole 
or any part of the design. 
(2) At any time after a layout-design has been registered, any interested person 
may apply to the Tribunal for the registration of the whole or any part of the design to be 
cancelled on the ground that-fP/N/1/ZWE/UI 
Page 19 
(a) on the effective date of its registration, the layout-design or the part con­
cerned, as the case may be, was not capable of being registered by virtue of 
section seven; or 
(b) the registered proprietor of the layout-design or the part concerned, as the 
case may be, is not its proprietor as provided in section eight. 
and the Tribunal may make such order on the application as it thinks appropriate. 
(3) Notice of any application to the Tribunal in terms of subsection 0) shall he 
given in the prescribed manner to the Registrar and to any other person appearing from the 
Register to be interested in the layout-design concerned, and the Registrar and any such 
person shall be entitled to appear and be heard in the application. 
(4) Notice of any order made by the Tribunal under this section shall he served 
on the Registrar and, on receipt of the notice, the Registrar shall amend the Register 
accordingly. 
(5) Where the registration of the whole or any part of a layout-design is cancelled 
by virtue of an order under subsection (2) the design or the part concerned, as the case may 
be, shall be regarded as never having been registered. 
PARTYI 
ASSIGNMENTS, LICENCES AND TRANSFER OF INTERESTS IN REGISTERED LAYOUT-DESIGNS 
20 Right of proprietor to assign and transfer rights in registered layout­
design 
Subject to this Part and to any rights of which notice has been entered in the Register, 
the proprietor of a registered layout-design may assign his title to the design, wholly or in 
part, or grant licences in respect of or otherwise deal with the design. 
2.1 ASSignments, etc., to be in writing 
Any assignment of title to a registered layout-design, and any other contract whereby 
the proplietorship of a registered layollt-design is transferred or shared, shall have no effect 
unless it is in writing. 
22 Registration of assignments, licences, etc. 
(1) Where a person becomes entitled to a registered design or to a share in a 
registered layout-design, whether hy assignment, transmission or operation of law, he may 
apply to the Registrar for the registration of his title as proprietor or co-proprietor of the 
design. 
(2) Where a person becomes entitled to an interest in a registered layout-design, 
whether through mortgage, licence or otherwise, which does not entitle him to the proprie­
torship or co~proprietorship of the design, he may apply to the Registrar for his interest to 
be noted in the Register. 
(3) If, in an application under subsection (I) or (2), the Registrar is satisfied as to 
the title of the person concerned, he shall-IP/N/l/ZWE/L/l 
Page 20 
(a) in the cast! of an application under subsection (1), register the person as 
proprietor or co-proprietor of the layout -design concerned and enter in the 
Register particulars of the instrument or event by which the person derives 
his title; 
(b) in the case of an application under subsection (2), enter in the Register 
notice of the person's interest, with particulars of the instrument, if any, that 
created it. 
(4) Except for the purposes of an application to rectify the Register, a document 
in respect of which no entry has been made in the Register under subsection (3) shall not be 
admitted in any legal proceedings as evidence of the title of any person to a registered 
layout-design or to a share of, or interest in. a registered layout-design, unless the Tribunal 
or the court concerned otherwise directs. 
PART VII 
COMPULSORY LICENCES AND USE OF REGISTERED LAYOUT-DESIGNS BY STATE 
23 Compulsory licence in respect of registered design 
(I) In this section-
"anti-competitive practice" means any practice, conduct or situation which-
(a) is an unfair trade practice for the purposes of the Competition Act, 
1996 (No. 7 of 1996); or 
(b) is the subject of an order by the Industry and Trade Competition Com­
mission under section 31 o(the Competition Act, 1996 (No. 7 of 1996), 
the Commission having been satisfied that the practice, conduct or situ­
ation is contrary to the public interest; 
"compulsory licence" means a licence granted in terms of subsection (7). 
(2) If a person can show that-
(a) he requires a compulsory licence to exploit a registered Jayout-design for 
public non-commercial use or in order to remedy an anti-competitive prac­
tice; and 
(b) he has tried to obtain a licence on reasonable commercial terms and condi­
tions from the proprietor of the design concerned; and 
(c) his efforts to obtain a licence have been unsuccessful within a reasonable 
period of time; 
he may apply to the Registrar in the prescribed manner for a compulsory licence: 
Provided that no sllch application shall be made until-
Ca) three years has elapsed since the effective date of registration of the layout­
design; or 
(b) four years has elapsed since the date on which the application for its registra­
tion was lodged; 
whichever is the later. (3) An application under subsection (2) shall-!PIN! I !ZWE!L!1 
Page 21 
(a) set out fully the facts on which the applicant bases his case and the relief he 
seeks; and 
(b) be accompanied by an affidavit verifying the facts set out in the application. 
(4) If the Registrar is satisfied that an applicant under subsection (2) has made out 
a prima facie case for relief, he shall direct the applicant-
(a) to serve copies of the application and of the relevant affidavit upon the regi­
stered proprietor of the layout-design concerned and upon any other person 
appearing from the Register to be interested in the design; and 
(b) to advertise the application in the Journal. 
(5) If the proprietor or any other person wishes to oppose the grant of a compul­
sory licence, he may, within the prescribed period or within such further period as the 
Registrar may on application allow, deliver to the Registrar a counter-statement, verified 
by affidavit, setting out fully the grounds on which the application is opposed, and at the 
same time shall serve copies of the counter-statement and the verifying affidavit upon the 
applicant. 
(6) When the requirements of subsections (2) to (5) have been complied with in 
regard to any application under this section, the Registrar shall hand all relevant papers to 
the registrar of the Tribunal, who shall arrange for the matter to be heard by the Tribunal. 
(7) Subject to this section, in an application referred to it under subsection (6) the 
Tribunal-
(a) may grant the applicant a compulsory licence to exploit the registered lay­
out-design concerned if the Tribunal is satisfied that the applicant-
(i) requires a compulsory licence to exploit the design for public non­
commercial use or in order to remedy an anti-competitive practice; 
and 
(ii) has made reasonable efforts to obtain a licence or authorisation from 
the proprietor on reasonable commercial terms and conditions but his 
efforts have Ilot been successful within a reasonable period of time; 
or 
(b) may make such other order in regard to the application as the Tribunal consi­
ders just. 
(8) Subject to this section, a compulsory licence may be granted on such terms 
and conditions as the Tribunal thinks expedient, including a term precluding the licensee 
from importing into Zimbabwe any goods whose importation, by persons other than the 
proprietor or persons claiming under him, would be an infringement of the proprietor's 
rights. 
(9) The terms of a compulsory licence-
(a) shall not authorise the commercial exploitation of the regIstered layout­
design concerned unless the licence has been issued to remedy an anti­
competitive practice; and fPIN/1/ZWE/Lll 
Page 22 
(b) where commercial exploitation is authorised, shall authorise the exploita­
tion of the registered layout-design concerned primarily to satisfy the 
market in ZImbabwe; and 
(c) shall secure to the proprietor the maximum royalty compatible with the 
successful exploitation within Zimbabwe of the registered layout-design on 
a commercial scale and at a reasonable profit; and 
(d) shall guarantee to the proprietor a minimum yearly sum by way of royalty, if 
and so far as it is reasonahle to do so. 
(10) In addition to any other terms of a compulsory licence, rhe licence shall be 
revocable at the discretion of the Tribunal if-
(a) the circumstances that led to its grant cease to exist; or 
(b) the licensee fails-
(i) to exploit the registered layout-design concerned within the rime speci­
fied in the order; or 
(ii) to pay the proprietor the royalties payable in terms of the licence. 
(11) Unless good reason is shown to the contrary, in deciding to whom a compul­
sory licence is to be granted, the Tribunal shall prefer an existing lIcensee to a person who, 
according to the Register, has no interest in the registered layout-design concerned. 
(12) Subject to this section, a licensee under a compulsory licence shall have the 
same rights as any other licensee in respect of the registered layout-design concerned. 
(13) An order for the grant of a compulsory licence shall, without prejUdice to 
any other method of enforcement, have effect as if it were an agreement executed by the 
proprietor concerned and all other necessary parties granting a licence in accordance with 
the order. 
(14) A licensee under a compulsory licence may call upon the proprietor con­
cerned to institute any proceedings that may be necessary to prevent infringement of the 
proprietor's rights, where the infringement prejudices the licensee's rights under his com­
pulsory licence, and if the proprietor fails to institute such proceedings within two months 
after being called upon to do so or within such further period as the Tribunal may allow, the 
licensee may himself institute the proceedings as if he were the proprietor, making the 
proprietor a defendant: 
Provided that the proprietor shall not be liable for any costs in connection with the 
proceedings unless he enters an appearance and takes part in the proceedings. 
(15) The holder of a compulsory licence under this section shall not be entitled to 
transfer the licence or grant a sub-licence thereunder except to a person to whom he has 
transfened his business or [hat part of his business concerned with the exercise of rights 
under the licence. 
(16) An appeal shall lie from any refusal of the Registrar to issue directions in 
terms of subsection (4). 24 Use of registered layout-design for service of the State fP1N1 lIZWE/LI I 
Page 23 
(I) Notwithstanding anything in this Act, any department of the State or any per­
son authorised in wliting by the Minister may exploit any registered layout-design for the 
service of the Stare in accordance with this section. 
(2) Any exploitation of a registered layout-design by virtue of subsection (I) shall 
be done upon such terms and conditions as may be agreed upon between the Minister 
and the registered proprietor concerned with the approval of the Minister responsible for 
finance or, in default of agreement, as may be determined by the Tribunal on a reference 
under subsection (1) of section rwen(v-six. 
(3) The Minister's authority under subsection (I) may be given--
(a) either before or after the acts in respect of which the authority is given are 
done; and 
(b) to any person, whether or not he is authorised directly or indirectly by the 
proprietor concerned to exploit the layout-design concerned. 
(4) As soon as possible after a registered layout-design has been exploited with 
the authority of the Minister under subsection (I), the Minister shall notify the proprietor 
concerned and furnish him with such information as to the extent of the exploitation as the 
proprietor may require from time to time. 
(5) A purchaser of any articles sold in the exercise of powers conferred by this 
section, and any person claiming through such a purchaser, shall be entitled to deal with 
them in the same way as'ifthe President were the proprietor ofthe registered iayout-design 
concerned. 
25 Special provisions as to State use during emergency 
(I) During any period of emergency the powers exercisable in relation to a regi­
stered layout-design by a department of the State or a per!'on authorised by the Minister 
under section twen(v-four shall include power to exploit the design for any purpo!-.c which 
appears to the Minister necessary or expedient-
(a) for the efficient proseclltion of any war in which Zimhabwe may be 
engaged; or 
Cb) for the maintenance of supplies and services essential to the life of the 
community; or 
(c) for securing a sufficiency of supplies and services essential 10 the well-being 
of the community; or 
(d) for promoting the productivit!' of industry, commerce or agriculture; or 
(e) generally, for ensuring that the whole resources of the community are avail­
able for use, and are used, in a manner best calculated to serve the interests 
of the community; or [PIN11/ZWE/LIl 
Page 24 
(f) for assisting the relief of suffering and the restoration and distribut.ion of 
essential supplies and services in any part of Zimbabwe or any foreign 
country that is in grave distress as the result of war; 
and any reference in that section or in section twenty-six to the service of the State shall be 
construed as including a reference to any of the purposes referred to in paragraphs (a) to (f). 
(2) In subsection (1)-
"period of emergency" means-
(a) any period when Zimbabwe is engaged in any war and the pt~rjod 
immediately following thereon until such dare as may be declared by 
the President, by proclamation in the Gazette, as the end of the periqd 
of emergency caused by that war; or 
(b) any period when a declaration under subsection (I) of section 31 J of 
the Constitution is in effect; or 
(c) any period v/hen an emergency or disaster threatens the life or w\:'Jl­
being of the community. 
26 Reference of disputes as to State use 
(1) Any dispute as to-
(a) the exercise by a department of the State or a person authorised by the Mini­
ster of the powers conferred by section twe1ltyfour: or 
(b) the terms for the use of a registered layout-design for tht' serv ice of tbe State 
under section twenrv-four; or 
(c) the right of any person to receive any payment determined in terms of para­
graph (b); 
may be referred to the Tribunal by-any party to ihe dispute. 
(2) In any proceedings under this section to which a department of the State is a 
party, the Minister may-
(a) if the proprietor of the registered design concerned is a party to the pro­
ceedings, apply for cancellat.ion of the registration of the design upon 
any ground upon which its registration may be cancelled under section 
nineteen; 
(b) in any case, put in issue the validity of the registration of the design COIi­
cerned without applying for its revocation. 
(3) In determining any dispute between a department of the State and any person as 
to terms for the exploitation of a registered layout-design for the service of the State, the 
Tribunal shall have regard to any benefit or compensation which that person or any person 
from whom he derives title may have received or may be entitled to receive, directly or 
indirectly, from any department of the State in respect of the design in question. PART VIII 
POWERS OF REGISTRAR 
27 Exercise of discretionary powers of Registrar . IPINIl/ZWE/LlI 
Page 25 
Without prejudice to any provision of this Act requiring the Registrar to hear any 
party to any proceedings or to give any such party an opportunity to be heard, the Registrar 
shall not exercise any discretionary power given to him under this Act in a manner which 
adversely affects the rights of any person unless he has given that person a reasonable 
opportunity to make representations in the matter, either personally or by his agent. 
28 Proceedings before Registrar 
(1) Evidence in any proceedings before the Registrar under this Act shall be given 
by affidavit: 
Provided that the Registrar may take oral evidence on oath in lieu of or in addition 
to evidence by affidavit and may allow any witness to be cross-examined on his affidavit or 
oral evidence. 
(2) For the purposes of any proceedings before the Registrar under this Act, 
the Registrar shall have the same powers, rights and privileges as are conferred upon a 
commissioner by the Commissions ofInquiry Act [Chapter 10:07], other than the power to 
order a person to be detained in custody, and sections 9 to 13 and 15 to 19 of that Act 
shall apply, mutatis mutandis, in relation to the hearing and determination of any matter 
before the Registrar under this Act and to any person summoned to give evidence or giving 
evidence before him. 
29 Registrar may award costs 
(1) In any proceedings before the RegIstrar under this Act, the Registrar may award 
any party such costs as he considers reasonable and may direct how and by what parties 
they are to be paid. 
(2) Any costs awarded by the Registrar in tenns of subsection (1) shall be taxed 
by the registrar of the Tribunal, and payment thereof may be enforced in the same way as if 
they were costs allowed by the Tribunal. 
30 Power of Registrar to fix time and place of sitting and to adjourn proceedings 
In any proceedings before him under this Act, the Registrar may decide the hours, 
times and places at which he will sit and may adjoul11 the proceedings for such time and to 
such place as he may think fit. 
31 Power of Registrar to extend time-limits 
(1) The Registrar may extend the time for doing anything under this Act, upon 
due notice to the parties concerned and on such terms and conditions as he may think fit to 
Impose: 
Provided that the Registrar shall not have power extend the two-year period 
referred to in paragraph (h) of subsection (1) of section seven 
(2) The Registrar may grant an extension under subsection (1) even though the 
time for doing the thing concemed has already expired. IPINI] IZWEIU] 
Page 26 
PART IX 
ApPEALS AND REFERENCES 
32 Appeals from decisions of Registrar 
Where this Act provides for an appeal against a decision of the Registrar. the appeal 
shall ,be made to the Tribunal in accordance with this Part and the Intellectual Property 
Tribunal Act [Chapter 26:061. 
33 Time for appeals 
An appeal referred to in section thirty-two shall be lodged with the Tribunal within 
two months after the appellant was notified of the decision or order against which the 
appeal is brought or within such further time as the Tribunal may for good cause allow, 
34 Powers of Tribunal on appeal 
Without derogation from section 8 of the Intellectual Property Tribunal Act [Chapter 
26:06], in any appeal under this Act the Tribunal may-
(a) confirm, set aside or vary the order or decision against which the appeal is 
brought; 
(b) exercise any of the powers which could have been exercised by the Registrar 
in the proceedings in connection with which the appeal is brought. 
35 References to Tribunal by Registrar 
(1) If it appears to the Registrar that any matter to be decided by him under this 
Act involves a point of law or is unusually important or complex, he may, after giving 
notice to the parties, refer the matter to the Tribunal for decision, and thereafter in relation 
to that matter he shall act in accordance with the decision of the Tribunal or any decision 
substituted therefor on appeal to the Supreme Court. 
(2) Where a matter ha's been referred to the Tribunal in terms of subsection (I), 
the Registrar and the parties shall be entitled to be heard by and appear before the Tribunal 
before any decIsion is made in the matter. 
36 Costs of Registrar 
In any proceedings before the Tribunal under this Act, the costs of the Registrar shall 
be in the discretion of the Tribunal, but the Registrar shall not be ordered to pay the costs of 
any of the other parties. 
37 Certification of validity of registration 
(1) If the validity of the registration of a layout-design is contested in any legal 
proceedings and the proceedings are decided in favour of the registered proprietor of the 
design, the Tribunal or the court concerned may !ssue a certificate to that effect. 
(2) Where a registered proprietor or his predecessor in title has been issued with a 
certificate in terms of subsection (1) and he obtains a final judgment or order in any subse­
quent legal proceedings in which the validity of the registration of the same layout-design 
is contested, he shall be entitled to his full costs and expenses as between legal practitioner 
and client, unless in those subsequent proceedings the Tribunal or court concerned directs 
that he ought not to have them. PART X 
INFRINGEMENTS fPlNlI/ZWE/Lll 
Page 27 
38 Tribunal or court that may hear proceedings for infringement of 
registered layout-design 
Proceedings for infringement of a registered layout-design may be instituted--
(a) in the Tribunal; or 
(b) in the High Court; or 
(c) subject to the jurisdictional limits provided for in the Magistrates Court Act 
[Chapter 7:10J, in a magistrates court. 
39 Provisions applicable to proceedings for infringement of registered 
layout-design 
(1) Subject to any rules of court, the following provisions shall apply in connec­
tion with proceedings for infringement of a registered layout-design-
(a) any ground upon which the registration of a layout-design may be cancelled 
in terms of section nineteen may be relied upon by way of defence; 
(b) the defendant or respondent may, by way of counterclaim in the proceed­
ings, apply for the cancellation of the registration of the layout-design; 
(c) the plaintiff or applicant shall, with the documents instituting the proceed­
ings or subsequently on the order of the Tribunal or the court concerned, 
deliver full particulars of the infringement complained of; 
(d) the defendant or respondent shall, with his statement of defence or plea or 
replying affidavit or subsequently on the order of the Tribunal or the court 
concerned, deliver particulars of any objections on which he relies; 
(e) except with the leave of the Tribunal or the court concerned, at the hear­
ing no evidence shall be admitted of any infringement or on any objec­
tion of which particulars have not been delivered in terms of paragraph 
Cc) or (d). 
(2) In any proceedings brought under this section by an exclusive licensee, the 
registered proprietor shall be added as defendant or respondent, as the case may be. unless 
he is joined as plaintiff or applicant: 
Provided that a registered proprietor so added as defendant or respondent shall not 
be liable for any costs unless he takes part in the proceedings. 
(3) If the registered proprietor is the plaintiff or applicant in any proceedings 
under this section, he shall give notice of the proceedings to any exclusive licensee of the 
layout-design in question, and the licensee shall be entitled to intervene as a co-plaintiff or 
co-applicant, as the case may be, and to recover any damages he may have suffered as a 
result of the infringement. 
(4) No proceedings shall be brought under this section in respect of an infringe­
ment which took place before the registration of the layout-design concerned. I PINIl IZWE/Lll 
Page 28 
40 Remedies available in proceedings for infringement 
(1) Subject to this Act, in proceedings for infringement of a registered 'layout­
design the plaintiff or applicant shall be entitled to any appropriate remedy, whether 
damages, interdict, attachment, the rendering of account, the delivery of infringing copies 
or ruticles used or intended to be used for making infringing copies or otherwise, that is 
available in respect of the infringement of any other proprietary right. 
(2) Damages for infringement of a registered layout-design may, at the option of 
the person seeking them, be calculated on the basis of the amount that an exclusive licensee 
would reasonably have been expected to pay under the circumstances for his use of the 
design concerned: 
Provided that, if the person seeking damages intends to exercise this option, he 
shall give notice of his intention, in writing, to any exclusive licensee of the registered 
design concerned. 
(3) In determining the amount of damages in an action for infringement of a regis­
tered layout-design, the Tribunal or the court, as the case may be, shail take the following 
factors into account, in addition to a11 other material considcrations-
(a) the extent and nature of the infringement; and 
(b) the market value of the layout-design concerned; and 
(c) the amount which could be payable to the proprietor in respect of the use of 
the layout-design by some other person; and 
(d) any dilatory conduct on the part of the proprietor of the layout-design or the 
plaintiff in making the infringer aware that the design was registered. 
(4) If it is established, in proceedings for infringement of a registered layout­
design, that an infringement was committed and the Tribunal or the court, having regard 
to-
(a) the flagrancy of the infringement; and 
(b) the market value of the layout-design concerned; and 
(c) any benefit shown to have accrued to the person responsible for the infringe­
ment as a result of it; and 
(d) the need to deter persons from committing further infringements; 
is satisfied that effective relief would not otherwise be available to the plaintiff or 
applicant, the Tribunal or the court, as the case may be, shall have power to award sllch 
addi60nal damages as it thinks fit. 
(5) If it is established, in proceedings for an infringement of a registered layout­
design, that an inflingement was committed but that at the time of the infringement the 
person responsible for it was not awru"e and had no reasonable grounds for suspecting that 
he was not entitled to engage in the infringing activity, the plaintiff or applicant shall not be 
entitled under this section to any damages against that person in respect of the infringe­
ment. 
(6) Where-
(a) there has been a change in the proprietorship of a registered layout-design, 
whether through assignment, transmission, operation of law or otherwise; 
or fP/NI1IZWE/L/l 
Page 29 
(b) an exclusive licence has been granted in respect of a registered layout-
design; 
the new. proprietor or co-proprietor or the exclusive licensee, as the case may be, shall not 
be entitled to recover damages for any infringement of that design which occurred during 
the period from the change in the proprietorship or the grant of the exclusive licence, as the 
case may be, until the change or the grant was registered in terms of section twenty-two, 
unless the registration was effected within six months of the change or the grant. 
41 Anton Pillerorders 
(1) If a person who has instituted or intends instituting proceedings for an in­
fringement of a registered layout-design satisfies the Tribunal or a court that, prinwfacie-
(a) he has a cause of action against another person which he intends to pursue; 
and 
(b) the other person has in his possession documents or other things of whatso­
ever nature which constitute evidence of great importance in substantiation 
of that cause of action; and 
(c) there is a real and well-founded apprehension that the documents or other 
things may be hidden, destroyed or rendered inaccessible before discovery 
can be made in the usual way; 
the Tribunal or court. as the case may be, may make an order commonly known as Anton 
l 
Piller order, to secure the preservation of the documents or things as evidence. 
(2) An order in terms of subsection (1) may he granted without notice to the 
. person who is allegedly in possession of the documents or other things to which the order 
relates, and the Tribunal or court may sit in camera for the purpose of hearing an applica­
tion for such an order: 
Provided that the Tribunal or Court shall not grant an order without such notice 
unless it is satisfied that there is a real possibility that the documents or things wili he 
hidden, destroyed or rendered inaccessible if notice is given. 
(3) An order in terms of subsection (I) may be granted on such conditions, 
including the giving of security by the applicant, as the Tribunal or COUI1 may fix. 
e 4) This section shall not be taken to limit any power a court may have under its 
ordinary jurisdiction to grant orders such as are referred to in this section. 
42 Remedy for groundless threats of infringement proceedings 
(1) Where any person, whether or not he is entitled to or interested in a registered 
layout-design or an application for the registration of a layout-design, threatens another 
person with proceedings for infringement of a registered layout-design, anyone who is 
aggrieved by the threat may bring proceedings against him in a court of competent juris­
diction for the relief refeITed to in subsection (2). 
(2) In proceedings brought by virtue of subsection (1), the pJaintiff or applicant 
shall he entitled to anyone or more of the following remedies-
(a) a declaration to the etTect that the threats are unjustifiable; JP/N/1/ZWE/Lll 
Page 30 
(b) an interdict against any continuation of the threats; 
(c) such damages, if any, as he has sustained in consequence of the threats; 
unless the defendam or respondent proves that the acts in respect of which he threatened 
proc~edings constitute or, if done, would constitute, an infringement of a registered layout­
design, the registration of which is not shown by the plaintiff or applicant to be invalid. 
(3) The defendant or respondent in any proceedings brought in terms of subsec­
tion (1) may counter-claim for any relief to which he would be entitled in separate proceed­
ings in respect of any infringement by the plaintiff or applicant of the layout-design to 
which the threats relate. 
(4) For the avoidance of doubt, it is declared that a mere notification that a layout­
design is registered does not constitute a threat of proceedings within the meaning of 
subsection (l). 
PART XI 
OfFENCES AND PENALTIES 
43 Falsification of certain documents 
Any person who~ 
(a) makes or causes to be made a false entry in the Register, knowi ng the entry 
tb be false; or 
(b) makes or causes to be made or produces or tenders or causes to be produced 
or tendered in evidence, any writing falsely purporting to be a copy of an 
entry in the Register, knowing the writing to be false; 
shall be guilty of an offence and liable to a fine not exceeding twenty thousand dollars or 
to imprisonment for a period not exceeding two· years or to both such fine and such 
imprisonment. 
44 Deceiving or influencing Registrar or officer 
(1) Any person who, for the purpose of-
(a) deceiving the Registrar or an examiner or any other officer of the Designs 
Office in the execution of his functions ullder this Act; or 
(b) procuring or infiuencing the doing or omission of unylhing in relation to this 
Act; 
makes or submits a false statement or representation, whether Ofi:llly Of in writing, knowing 
the statement or representation to be false, shall be guilty of an offence and liable to a fine 
not exceeding twenty thousand dollars or to imprisonment for a period not exceeding two 
years or to both such fine and such imprisonment. 
(2) Any person who, having innocently made afaJse statcrnen! or represenration, 
whether orally or in writing, for the purpose of procuring or intluencing the doing or omis­
sion of anything in relation to this Act and who, on becuming aware that the s~at~menl or 
representation was false, fails to advise the Registrar forii1with of its blsity. shall be guilty 
of an offence and liable to a fine not exceeding two thousand dollars or to imprisonment for 
a period not exceeding three months or to both such fine and slIch imprisonment. 45 Witness giving false evidence before Registrar [PlNllIZWE/LlI 
Page 31 
Any person who, after having been sworn, wiifully gives false evidence befor(~ the 
Registrar concerning the subject-matter of the proceedings ill question, knowing his evi­
dence to be false or not knowing or believing it to be true, shall be guilty of an offence and 
liable to a fine not exceeding twenty rho!.lS<!nCI dollars or to imprisonment for a period not 
exceeding two years or to both such fine and such imprisonment. 
46 False representation that layout-design is registered 
Any person who falsely represents that a layout-design uf an integrated circuit sold 
by him is registered shall be guilty of an offence and liable to a fine not exceeding fifty 
thousand dollars or to imprisonment for a period not exceeding one year or lo both such 
fine and such imprisonment. 
PART XII 
"EViDENCE 
47 Register to be evidence of entries therein 
The Register shall be prima facie evidence of anything that is required or permitted 
by or under this Act to be entered in it. 
48 Evidence of certain entries and documents 
(1) In any proceedings before the Tribunal or any court, a document purporting to 
be a copy of an entry in the Regif'ter provided in terms of section six shall be 3dmissihle on 
its production by any person as primtljacie evidence of the emry having been made and of 
its contents. 
(2) In any proceedings before the Tribunal or any court, a document purporting to 
be a statement by the Registrar, certified with the seal of the Patent Office and giving 
particulars of-
(a) any proceedings before him in terms of this Act; or 
(b) the grounds fei any decision or order given or made by him in terms of this 
Act; or 
(c) the practice of the Designs Office; or 
(d) any representation, specimen or document kept in the Designs OITire; or 
Ce) any other matrer which is within his knowledge as Registrar; 
shall be admissible on its production by any person as prima fade evidence of the facts 
stated in the document. 
PART XIII 
GENERAL 
49 Inspection of registered iayout:-design 
(1) \ Subject to this section, any copy or drawing of a registered layout-design which 
accompanied the application for its registration shall be open to public inspection at the 
Designs Office on and after the certificate of registration is issued in respect of the design. IP/N/I/ZWEIUl 
Page 32 
(2) Where a registered layout-design is of a class prescribed for the purposes of 
this subsection, no copy or drawing which accompanied the application for its registration 
shall be open to inspection in terms of subsection (1) until sllch period as may be pre­
scribed has elapsed after the certificate of registration was issued: 
Provided that the following persons shall have a right to inspect any such copy or 
drawing-
~a) the registered proprietor of the design or a person authorised in writing by 
the registered proprietor; or 
(b) a person authorised by the Registrar, the Tribunal or a court; 
but they may do so only in the presence of the Registrar or an officer acting under him and 
shall not be entitled to take a copy of the copy or drawing concerned or any part thereof. 
(3) Where an application for the registration of a layout-design has been aban­
doned or refused, neither the application for registration nor any copy or drawing that 
accompanied it shall be open at any time to public inspection at the Designs Office or be 
published by the Registrar. 
50 Recognition of agents 
Where by this Act anything is to be done by or to any person in connection with a 
layout-design, it may be done by or to that person's duly authorised agent, where the agent 
1S-
(3) a legal practitioner; or 
(b) registered as a patent agent in the Register of Patent Agents kept in terms of 
the Patents Act; or 
(c) registered as a trade mark agent in the Register of Trade Mark Agents kept in 
terms of the Trade Marks Act [Chapter 26:04J. 
51 lodging and authentication of documents 
(1) Any application, notice or document which, under this Act is required or per­
mitted to be lodged, ma~e or given at the Designs Office or to the Registrar or to any other 
person, may be delivered by hand or sent by registered post. 
(2) No authentication shall be required in respect of any document lodged in the 
Designs Office under this Act or used in proceedings before the Registrar or the Tribunal. 
52 Notice of trusts not to be entered in Register 
No notice of any trust, whether express, implied or constructive, shall be entered in 
the Register, and the Registrar shall not be affected by any such notice. 
53 Provisions as to fees 
(l) Where, under thi s Act, a fee is payable in respect of--
(a) the doing of anything by the Registrar, the Registrar shall not do that thing 
until the fee has been paid; 
(b) the doing of anything by any person other than the Registrar, the thing shall 
be deemed not la have been done until the fee has been paid; fPlNll/ZWE/LlI 
Page 33 
(c) the lodging of a document, the document shall be deemed not to have been 
lodged until the fee has been paid. 
(2) All fees shall be paid at the Designs Office in sllch manner as the Registrar, 
with the approval of the Minister, may accept. 
54 Publication of matters in Journal 
The Minister may direct the Registrar to publish in the JournaJ any reports of cases 
on layout-designs and other relevant matters that the T\1inister thinks desirable. 
55 Saving of rights in respect of articles forfeited to the State 
Nothing in this Act shaH affect the right of the State or of any person deriving tItle 
directly or indirectly from the State to sell or use articles forfeited to the President under 
any enaconent. 
56 Regulations 
(1) The Minister may make regulations prescribing anything which under this 
Act is required or permitted to be prescribed or ,,vhich, in his opinion, is necessary or 
convenient to be prescribed for carrying out or giving effect to this Act or for its better 
administration. 
(2) Regulations made in terms of subsection (1) may provide for--
(a) the form of applications for the registration of layollt-designs and the form 
of any copies and drawings and other documents that may be lodged at the 
Designs Office; 
(b) the number of copies of any article or document to be lodged at the Designs 
Office; 
(c) the procedure to be followed in connection with any appiication or request 
to the Registrar and in any proceedings before him, including the condoning 
of procedural irregularities; 
(d) the service of notices and other documents in connection with proceedings 
under this Act; 
(e) a tariff of the fees payable in respect of any application, registration or other 
Il1atter under this Act; 
(f) the conduct of the business of the Designs Office; 
(g) the provision of services by the Designs Office, including the provision of 
information regarding layout-designs, and the fees and charges payable for 
such services; 
(h) authorising the publication and the sale of copies of representations of lay­
out-designs and other documents in the Designs Oilice; 
(i) the rights of third pm1ies in relation to the exploitation, by or in the sei'vice 
of the State, of a registered layoLlt-design, or a layout-design in respect of 
which an application for registration is pending, for the service of the State 
in terms of section twenty-four or tlventy~fil'e; 
(j) giving effect to any international treaty or agreement which relates to lay­
out-designs and to which Zimbabwe is a party. JP/N/1/ZWE/LlI 
Page 34 
57 Transitional provisions 
Any regulations or rules which, on the 1st January, 2000, are in force under the 
Industrial Designs Act [Chapter 26:02] shall apply, mutatis mutandis, in respect of 
applications, references, appeals, proceedings and other matters in terms of this Act, until 
regulations dealing with those matters are published in terms of sectionfi.fiy-six. 