PRACTICAL FORMS OF INTELLECTUAL PROPERTY RIGHTS THAT ARE APPLICABLE TO THE

ZIMBABWEAN MARKET (400 WORDS)

INDUSTRIAL DESIGN

* According to ARIPO (AFRICAN REGIONAL INTELLECTUAL PROPERTY ORGANISATION) an industrial

design is defined as the ornamental aesthetic aspect of a useful article that makes an article
attractive and appealing, therefore adding commercial value to the product and increasing
marketability.

* In other context it is referred to as a form of intellectual property protection available to protect

the unique appearance of a product (Heer et al .2022 p.1)

* In terms of the Industrial act [Chapter 26.03] it means the outside appearance, shape,
configuration, pattern or beautification of a useful article.

INDUSTRIAL DESIGN LAW AND LEGISLATION IN ZIMBABWE

 The Harare Protocol Contracting States in accordance with provisions of Harare Protocol on
Patents, Designs and Utility Models are the ones which are in charge of registering and
administering the industrial designs since been adopted by on 10, 1982 at Harare,
Zimbabwe.
 The Zimbabwe Intellectual Property Office (ZIPO) was officially opened in 1894 which offers
a step by step process to be followed when registering industrial designs.

PROCEDURES FOR FILING OF AN INDUSTRIAL DESIGN IN ZIMBABWE [according to the

brochure prepared by National Science Technology and Innovation System)

TM4 ID1 ZIPO ZIPO ID

Application ID
Preliminary Application Formality Substantive Opposition
publication Registration
search form examination examination Process

1. Applicant may approach ZIPO for preliminary advice as to the uniqueness and the
likelihood of registration.
2. Request made (Applicant name, address, nationality, registration of the mark, nice class)
3. ZIPO will check the applicant form defects and advice applicant if any exist. Valid
application are dated, numbered, captured digitized and processed.
 4. ZIPO will conduct a search and examine the application as to substance. Applicants will
be notified of refusals as well as acceptances.
5. ZIPO will advertise the accepted designs only in the IP journal at a fee. Opposition period
is for two months from the date of advert.
6. Applications successfully opposed are abandoned or withdrawn
7. Request for sealing within 2 months from advert or end opposition period on ID + $80.
Registration is for 10 years. Optional once of renewal for 5 years is possible

BENEFITS OF AN INDUSTRIAL DESIGN REGISTRATION

 According to the brochure prepared by (National Science Technology and Innovation
System) the industrial designs are applied toto a wide variety of products from industry and
handmade items including packages and containers to furniture and household goods.
1. The owner of a registered industrial design has the right to prevent third parties from
making, selling or importing articles bearing or embodying a design with a copy.
2. Protecting industrial designs helps economic development by encouraging creativity in
the industrial and manufacturing sectors, as well as in traditional arts and crafts.
3. Nobody may use your registered design without your consent.
REFFERENCE
 ARIPO (AFRICAN REGIONAL INTELLECTUAL PROPERTY ORGANISATION)
https://www.aripo.org/ip-services/industrial-design/ (Accessed on 26 August 2022)
 Christopher Heer , Annete Latoszewska ,Daryna Kutsyna (Heer law intellectual property law
and litigation.( Accessed on 25 August 2022)
 The Intellectual Property Technical Working Group for the Rapid Results initiative on
functionality of the National Science Technology and Innovation System (www.rcz.ac.zw)
http://www.dcip.gov.zw/index.php/intellectual-property