The enforceability of International Registrations in
In a recent decision of the Registrar of
The Applicant applied to register the mark BETASOL in class 5 in
The Opponent argued that the BETASOL mark was visually, phonetically, and conceptually similar to its prior IR. Additionally, the Opponent argued that it had used, and continued to use its BETNESOL trade mark in
One of the arguments raised by the Applicant in defence of its application was that an IR designating
In considering the status of IRs in
The Registrar held that, since similar goods are involved, and there is a high degree of both visual and phonetic similarities between the marks BETASOL and BETNESOL, the opposition succeeded.
This decision may yet be taken on appeal, particularly since the
Therefore, the prospects of proprietors of IRs successfully relying on this decision in the future to try to assert their rights in IRs in
Draft Copyright and Trade Mark Regulations under consideration
- the proposed official fees for trade mark filings in
Zambia , in comparison to the region, are very high. The official fees in the majority of the SADC countries are far lower than those now proposed inZambia . It was submitted to PACRA that bringing the proposed official fees in line with those inZambia's neighbouring would achieve uniformity in the region; -
there is a disparity between official fees for Zambian entities and nationals, and foreigners. The assumption is that this is to give some incentive to local rights holders to take steps to protect their trade marks locally.
The Paris Convention for the Protection of Industrial Property , to whichZambia is a signatory, includes provisions on national treatment (Art 2) which state that members of Union countries must have the same advantages as nationals enjoy. We raised with PACRA that the application of different fees for nationals and foreigners is not in line with the spirit of theParis Convention ; the draft copyright regulations provide for the application of holograms to sound recordings and cinematograph works. This is a positive development in the fight against piracy.
As the drafting and consultation process continues, we continue to engage with PACRA.
KEY OPPORTUNITIES & CONCERNS
Opportunities
Zambia is world's second biggest copper producer and when world metal prices are high, the mining sector thrives, raising with it the national economy- The banking sector runs well and financial services are highly rated
- The agricultural and tourism sectors have potential for growth
Concerns
- Fluctuation of world commodity prices compromise profits of the economy's key mining industry
- A weak public healthcare system, particularly for the poor, has harmed worker productivity
- An erratic electricity supply is a bane to doing business
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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