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Zambia passes new Trade Marks Act (Act No. 11 of 2023)

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Published Date: February 8, 2024

A new Trade Marks Act has been passed in Zambia! This signals a significant modernization effort, introducing provisions for “non-traditional” marks, multiclass applications, and alignment with international frameworks such as the Madrid Protocol.

Zambia passes new Trade Marks Act (Act No. 11 of 2023)

As the Zambian economy continues to grow, the country has supplanted the antiquated Trade Marks Act (Chapter 401) 1958. The new Trade Marks Act (Act No. 11 of 2023) is anticipated to come into force within the coming year, contingent upon the issuance of a Commencement Order by the Minister, together with enabling regulations.

The new Act incorporates a more expansive definition of “Marks”, introducing “non-traditional” marks such as sounds, smells, and shapes. Additionally, it introduces provisions for the registration of multiclass applications, service marks, collective trade marks, and geographical indications.

Notably, the new Act also introduces provisions dealing the Madrid Protocol (Zambia joined the Madrid Agreement in 2001, but had failed to implement enabling legislation), affording trademark proprietors the convenience of filing and enforcing a single international application designating Zambia.

Read our more comprehensive evaluation of the new legislation at https://www.adams.africa/general-adams-news/the-new-landscape-of-trade-mark-laws-in-zambia/

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