MULUNGUSHI UNIVERSITY

IN ASSOCIATION WITH
EVELYN HONE COLLEGE

PROGRAM : BACHELOR OF INDUSTRIAL ENGINEERING

NAME : MAUREEN KAKOMA

STUDENT ID : 202270124

COURSE : INDUSTRIAL DESIGN RIGHTS

TASK : ASSIGNMENT ONE

LECTURER : MR LUNGWANGWA

DEPARTMENT : BUSINESS AND MANAGEMENT STUDIES

22nd November, 2024.

DUE TIME : 10:30HOURS

INSTRUCTIONS : The Assignment should not be more than 5 pages in font 12 and 2.0 – line spacing
in Times New Roman.

QUESTION: Mule is a fast growing entrepreneur who has just invented a new charcoal brazier, very
efficient and economical in terms of how much charcoal it uses when cooking, a first of its kind, which
has received so much demand on the Zambian market. This high demand for the brazier is attributed
to the high cost of electricity, being experienced currently in Zambia. Mule is scared that very soon
someone might copy this invention and thereby put him out of business. He has come to you to know
whether there is any way he can protect himself from people that may want to copy this invention he
has created. In addition, he wants to know the kind of protection and remedies that can be available in
case of someone copying this invention. Advise Mule.
Mule’s innovative charcoal brazier has garnered significant attention in Zambia, primarily due to its
efficiency and cost-effectiveness amid rising electricity prices. The growing demand for this product
raises concerns about potential imitation by competitors, prompting Mule to seek guidance on
protecting his invention and understanding the remedies available should infringement occur.

The literature surrounding intellectual property (IP) provides essential insights into how Mule can
safeguard his invention.

(Ragavan, 2001) highlights the importance of protecting innovative creations, emphasizing the need for
legal mechanisms to prevent unauthorized reproduction of unique products. This foundational
understanding is crucial as Mule navigates the complexities of intellectual property rights.

Intellectual property (IP) is a legal concept which refers to creations of the mind for which exclusive
rights are recognized. Under intellectual property law, owners are granted certain exclusive rights to a
variety of intangible assets, such as musical, literary, and artistic works; discoveries and inventions;
and words, phrases, symbols, and designs. Common types of intellectual property rights include
copyright, trademarks, patents, industrial design rights, trade dress, and in some jurisdictions trade
secrets. Although many of the legal principles governing intellectual property rights have evolved over
centuries, it was not until the 19th century that the term intellectual property began to be used, and not
until the late 20th century that it became common place in the majority of the world.

In the case of Mr. Mule’s invention can be protected as a trade secret, patent, or through industrial
design.
A patent is a form of intellectual property that gives its owner the right to exclude others from making,
using, selling, and importing an invention for a limited period of time, usually twenty years. The patent
right is granted in exchange for an enabling public disclosure of the invention, which must be
sufficiently detailed for a person skilled in the art to use to make the invention. An invention is a new
way of doing something or a new technical solution to a problem. A patent provides protection for the
invention to the owner of the patent. The protection is available for a limited period, generally twenty
years. A patent is therefore a contract between an inventor who reveals how an invention is made and
the public, which obtains the right to use the technology once the patent expires. In order to obtain a
patent, a person who has created an invention needs to file an application with a state agency that
deals with the promotion of industrial property rights. If the office issues a patent, the owner obtains
the right to exclude others from using their creation for a limited period, generally twenty years.
However, patents constitute a system of balance that considers society as a whole: in exchange for the
right to exclude others from using the invention, the owner must publicly disclose their invention so
that, after the patent expires, it falls into the public domain, even if the owner’s agreement is no longer
required. Therefore Mule can protect his invention by filling for a patent at Patent and Companies
Registration Agency (PACRA).

A trademark Is any sign that individualizes the goods of a given enterprise and distinguishes them
from goods of its competitors.1 Marketing of a particular good or service by the producer is much
better off as by trademark because recognition becomes easier and quality is assured. The owner of the
mark can prevent the use of similar or identical signs by competitors if such marks can lead to
confusion.2 By this way similar low-quality substitutes will be prevented from replacing good quality
ones. A trademark is a word or symbol or combination thereof used by manufacturer or vendor in
connection with a product or service.3 The distinctiveness is maintained as well as sales are much
smoother as people are able to identify with that particular commodity or service. The Trade Mark
Act, 1999 defines “well Known Trade mark” as a mark in relation to any goods and services which has
become so to the substantial segment which uses such goods or receives such services that the use of
such mark in relation to other goods or services would be likely to be taken as indicating a connection
in course of trade or rendering of services between those goods or services and a person using the
mark in relation to the first mentioned goods or services.4 Trademark is one of the areas of intellectual
property and its purpose is to protect the mark of the product or that of a service. Therefore , Mule
can register a distinctive brand name, logo or shape for his brazier to distinguish it from competitors’
products. This provides protection against brand misuse.

Trade secrets are intellectual property (IP) rights on confidential information which may be sold or
licensed. In another word, a trade secret is when an individual organization owning and intellectual
property does not disclose the property does not disclose the property to anyone and keep it as closely
guarded secret. In general, to qualify as a trade secret, the information must be commercially valuable
because it is secret, be known only to a limited group of persons, and be subject to reasonable steps
taken by the rightful holder of the information to keep it secret, including the use of confidentiality
agreements for business partners and employees. If Mule believes that certain aspects of his brazier
like the specific materials used, the manufacturing process, or any unique features can be kept
confidential, he can protect this information as a trade secret. He should implement reasonable
measures to maintain secrecy, such as Non Disclosure Agreements (NDAs) with employees and
business partners, limiting access to sensitive information and training employees on the importance of
confidentiality.

The Industrial designs combine aesthetic features with function to give an innovative and ornamental
look to useful objects that add economic value to products that encompass them. The new industrial
designs are at the same level as the invention of new products and therefore, the industrial designs are
backed by an exclusive pre-emptive right. The industrial design rights cover the non-functional
aesthetic features of products. They may also include the outward appearance, physical shape
characteristics, patterns, colors, texture of the product, surface ornamentation, and the visual appeal
of the products and ornamentations. The limit of the industrial designs is between the aesthetic
components and the technical functions and features of the new and original product. The industrial
design rights originate from the visual or ornamental features. The Industrial designs are limited to the
appearance of the products and exclude the two-dimensional features and the creations of works of the
visual arts. The industrial design rights are different from copyright protection and even the three-
dimensional aspects of original works are also categorized under the industrial designs that are not
qualified for copyright protection if those aspects are considered as having both utilitarian and
aesthetic functions. However, the sculptural works that have utilitarian function have the requirement
of artistic craftsmanship to protect the utilitarian feature, and this can be fulfilled by obtaining an
industrial design registration. The treaty sets a minimum standard of protection and also requires that
empty designs of the member countries shall be protected for a minimum term of 10 years from the
date of filing. To register an industrial design, the design must be new or original, and not contrary to
public order, health or morals. An individual can file an application with the World Intellectual
Property Organization (WIPO) to protect the design in multiple countries at once.

An invention for Mule must be technical and fulfill the following requirements;

In Zambia, the protection of patents is governed by the Patents Act No. 40 of 2016. This law replaced
the older Patents Act (Chapter 400 of the Laws of Zambia) and aligns Zambia’s patent system with
international intellectual property standards, including those established by the World Intellectual
Property Organization (WIPO) and the Agreement on Trade-Related Aspects of Intellectual Property
Rights (TRIPS). The Act defines a Patent as simply the letters patent granted for an intervention
which meets requirements specified in section 15. Section 15 also provides that a patent may be
granted for an intervention which satisfies the following

NOLVELTY: For an invention to meet the novelty requirement, it must not have been anticipated by
prior art. If a single prior art document or instance of public disclosure contains all the features of the
claimed invention, the novelty is destroyed.

INVENTIVE STEP: The concept of inventive step is addressed in Section 15(3) of the Patents Act No.
40 of 2016 of Zambia. An inventive step (sometimes referred to as non-obviousness) is one of the
essential criteria for patentability, alongside novelty and industrial applicability. In Zambia, the
inventive step requirement is closely aligned with international patent standards, such as those
established under the TRIPS Agreement. This ensures harmonization with global intellectual property
practices. Let me know if you need more details or assistance with patentability assessments!
APPLICABILITY IN THE INDUSTRIY: In Section 15 of the Patents Act No. 40 of 2016 of Zambia,
industrial applicability is one of the key criteria for an invention to be patentable, alongside novelty
and inventive step. An invention is considered industrially applicable if it can be made or used in any
kind of industry, including agriculture. The invention must be capable of being produced or used in a
consistent and reproducible manner in at least one field of industry.

Mr. Mule can apply for Patent registration by following the procedure below at PACRA

In Zambia, an inventor can apply for a patent through the Patents and Companies Registration
Agency (PACRA) by following the procedure outlined under the Patents Act No. 40 of 2016. Below is a
step-by-step guide:

1. Prepare the Application

The inventor must prepare the necessary documents, including: Patent Application Form: Obtain and
complete the prescribed forms from PACRA. Then provide a detailed explanation of the invention,
including its technical field, purpose, and how it works. Clearly define the scope of the invention and
the aspects for which protection is sough, give a summary of the invention. Include diagrams,
schematics, or illustrations that aid in understanding the invention.

2. Conduct a Prior Art Search (Optional but Recommended)

Perform a search to determine whether the invention is novel. This can involve consulting PACRA’s
database for existing patents using international databases such as WIPO or Google Patents.

3. File the Patent Application

Submit the completed application to PACRA. This can be done in-person at a PACRA office or online,
if PACRA’s e-filing system is available.

4. Pay the Applicable Fees

Pay the filing fee as prescribed by PACRA and additional fees may apply for examination, claims
exceeding a certain number, or drawings.

5. Formal Examination
PACRA conducts a formal examination to check whether the application complies with the required
format and includes all necessary documents.

6. Substantive Examination

PACRA reviews the application to ensure the invention meets the criteria for patentability: novelty,
inventive step, and industrial applicability. The examiner may request additional information or
amendments to the application.

7. Publication

If the application passes the examination, it is published in the official patent journal. This allows the
public to raise objections, if any, within a specified period.

8. Grant of Patent

If no objections are raised or if they are resolved, PACRA issues a patent certificate. The patent is valid
for 20 years from the filing date, subject to payment of annual renewal fees.

9. Renewal

Pay annual renewal fees to keep the patent in force. Failure to renew results in the lapse of the patent.
International Protection: If international protection is needed, the inventor can file through the Patent
Cooperation Treaty (PCT) via PACRA, as Zambia is a member of WIPO. PACRA provides advisory
services to help inventors through the process. If someone copies Mule’s invention without permission,
Mule can enforce his rights through the following legal remedies:

Injunctions: Mule can apply for a court order to stop the infringing party from manufacturing, selling,
or distributing the copied product.

Damages: Mule can sue for monetary compensation to cover financial losses resulting from the
infringement.

Seizure and Destruction: The court can order the confiscation or destruction of the infringing goods.
Criminal Prosecution: Patent infringement can attract criminal penalties under Zambian law, which
acts as a deterrent to potential infringers.

REFRENCES

Ragavan, S. (2001). Protection of Traditional Knowledge.

T Grzegorczyk – The journal of high technology management research, 2020 – Elsevier. Managing
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P a g e 10 | 35

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