CAVENDISH UNIVERSITY ZAMBIA

ASSIGNMENT BRIEF AND FEEDBACK FORM

STUDENT NUMBER: _ 102-092 ___________

INTAKE
JAN 2024

LECTURER:
MR. THOLE

INTELLECTUAL PROPERTY
SUBJECT:

ASSIGNMENT NO. 1

DATE HANDED OUT: 19/02/2024

DATE DUE IN: 13/03/2024

DAY/EVE/DL Distance Learning

ASSIGNMENT BRIEF

GIVEN SHOULD BE IN THIS BOX

STUDENT INSTRUCTIONS:

1. This form must be attached to the front of your assignment

2. The assignment must be handed in without fail by the submission date (see assessment
schedule for your course)
3. Ensure that the submission form is date stamped by the reception staff when you hand it in
4. Late submission will not be entertained unless with prior agreement with the subject tutor
5. All assessable assignments must be word processed
ASSIGNMENT GUIDANCE
This assignment is intended to assess the student’s knowledge in all of the following areas.
However, greater emphasis should be given to those items marked with a
(Tutor: - please tick as applicable)
ASSESSABLE SKILLS Please Tick.

Good and adequate interpretation of the questions

Knowledge and application of the relevant theories

Use of relevant and practical examples to back up theories

Ability to transfer and relate subject topics to each other

Application or use of appropriate models

Evidence of library research

Knowledge of theories

Written Business English communication skills

 Use of visual (graphs) communications

Self-Assessed ‘time management’

Evidence of field research

(Administration
only*)
LECTURERS FEEDBACK:
A. WHAT IS PATENT
A patent is an exclusive right granted for an invention, which is a product or a process that provides
a new way of doing something, or offers a new technical solution to a problem. It provides
protection for the invention to the owner of the patent. It can be defined, in other words, as a
contract between society as a whole and an individual inventor. The inventor is given the exclusive
right to prevent others from making and using a patented invention under the terms of the society
contract. The patent is given for a fixed period of time, in Zambia, the patent is granted for sixteen
(16) years. The modern patent system really begins in the nineteenth century, a key date being
1883, the year of the Patent, Designs and Trade Marks act which established the Patent Office to
deal with applications and grant of patents for inventions. In the same year the Paris Industrial
property convention was signed, to facilitate the international protection of patents across the
different signatory states.1

METHOD OF APPLICATION

Patents in Zambia are governed by the Patents Act Cap. 400 of the Laws of Zambia. Once properly
documented, a patent application should be lodged at the Zambia Patent Office (which is a unit of
the Patents and Companies Registration Office (PACRO) in Lusaka. There are two (2) types of
patent applications: a Convention and Non-Convention application. An inventor or his/her
successor in title may file either of the two types of applications.

A Convention application is one that claims an earlier filing date in another country called the
'priority date'. If, for example, one filed the first patent application in South Africa, the Zambian
Patent Office will record the date of filling in South Africa as the filing date in Zambia, even if
this was done a year ago. The priority document in this case would originate from South Africa as
this is where the earlier filing was made.

The Non-Convention Application is filed when the inventor is still in the process of documenting
or perfecting his or her invention but would like to protect the key elements of the invention. The
law requires that the complete specification or details of the invention be filed within 12 months.

A Convention application is filed on Patents Form No.2 and must be accompanied by a complete
specification, a priority document and a deed of assignment (where applicable). A deed of
assignment is a document that shows that the rights in the invention have been assigned or
transferred from the inventor to another person. It is therefore only necessary where the applicant
is not the inventor.

1 P. Merret. (1996). Merret: Intellectual property. Chapter 5, p. 87

A Non-Convention application, on the other hand, should be lodged on, accompanied by a deed of
assignment. The complete specification for a Non-Convention Application should be filed within
12 months of filing the application. It is important to distinguish between the Convention
application and Non-Convention Application.

WHAT CAN BE PATENTED

PRIMARY CONDITIONS FOR GRANT

A patent is a grant for an invention and there are three primary conditions which an invention must
satisfy before it can be granted a patent. The two steps listed below are required for a patent to be
granted amongst many:

1. NOVELTY- The invention must be new

An invention is new if it does not form part of the ‘state of art’ and the state of art means anything
that had been made known in any way to the public anywhere in the world before the applicant’s
priority date.2 This is in relation to section eight (8), ten (10), forty-six (46). This can be fully
stipulated as.

2. INDUSTRIAL APPLICATION

Patents are for practical inventions, not for theories. So, to be patentable an invention must be
capable of industrial application. This requirement essentially means that the invention should not
be purely theoretical but rather it should also be applied for a practical purpose. If the invention is
supposed to be a product then it should be possible to make that product; if it is meant to be a
process then it should be possible to carry out that process.3

WHAT CANNOT BE PATENTED

EXCLUSIONS FROM PATENTABILITY

To bring patentable inventions within reasonable bounds a number of things are excluded from
patentability. These are as follows:

2 Supra note 1, chapter 5, page 94.

3 S. P. Ng’ambi. (2008). Intellectual Property Law; Module LL37. (1 st Ed.) © ZAOU. Page12.
 1. A method of treatment or diagnosis for the human or animal body;
2. Not considered to be inventions- these include a discovery, scientific theory or
mathematical method, a literary dramatic, artistic or musical work or other aesthetic
creation, a scheme, rule or method for performing a mental act, playing a game or doing
business, also a computer program or the presentation of information;
3. Anything which would generally be expected to encourage offensive, immoral or antisocial
behavior, a plant or animal variety which is also essentially or biological process for the
production of animals or plants, but not a microbiological process or its product.4

MEDICAL OR VETERINARY OR DIAGNOSIS

A method of treatment by surgery or therapy, or a method of diagnosis, practiced on the human or
surgery or animal body shall not be taken as capable of industrial application and is therefore not
patentable. The important word is ‘method’, this is what is excluded, not a new piece of surgical
apparatus or a new medicine for use for a known substance for use in a method of treatment or
diagnosis even if the substance itself already forms part of the state of the art, provided that this is
its first medical use.5

4 Patents Act, section 18 (b).

5 Section 22 (1) (c ).
b) Explain the type of intellectual property that will be in the boxes and screen and what will
they be registered as
The Convention Establishing the World Intellectual Property Organisation (WIPO), concluded in
Stockholm on 14 July 1967, defines intellectual property to include rights relating to:
(i) literary, artistic and scientific works,
(ii) performances of performing artists, phonograms and broadcasts,
(iii) inventions in all fields of human endeavour,
(iv) scientific discoveries,
(v) industrial designs,
(vi) trademarks, service marks and commercial names and designations

The IP that will be on the boxed and screen will fall under a patent which is a type of IP. A patent
is an exclusive right granted for an invention, which is a product or a process that provides a new
way of doing something, or offers a new technical solution to a problem. It provides protection for
the invention to the owner of the patent. It can be defined, in other words, as a contract between
society as a whole and an individual inventor. The inventor is given the exclusive right to prevent
others from making and using a patented invention under the terms of the society contract. The
patent is given for a fixed period of time, in Zambia, the patent is granted for sixteen (16) years.
The same is regulated by the Patent Act of Zambia6. See Apple Computer, Inc. v. Franklin
Computer Corp.U.S. 7

6 [Link] accessed on 3/10/2024 at 18:19

7 1033 (1984). A.
C. A trademark is a distinctive sign, symbol, word, or phrase which is used in trade with goods
and to distinguish them from the good of others.8 It helps consumers recognize and associate
products or services with a particular brand, thereby enabling businesses to build reputation,
customer loyalty, and brand value.9 Registering a trademark provides legal protection and
exclusive rights to the owner, preventing others from using or imitating the trademark without
permission. Trademarks can take several forms, including10:

 COLLECTIVE MARK may be owned by an association which itself does not use the
collective mark but whose members may use the collective mark according to ………11;
the members may use the collective mark if they comply with the requirements fixed in the
regulations concerning the use of the collective mark. An enterprise entitled to use the
collective mark may in addition also use its own trademark.
 WORD MARK: This category includes company names, surnames, forenames,
geographical names and any other words or sets of words, whether invented or not, and
slogans according to a perfect example would be “Nike or Coca-Cola”
 CERTIFICATION MARKS- The certification mark may only be used in accordance
with the defined standards according to …….12. The main difference between collective
marks and certification marks is that the former may be used only by particular enterprises,
for example, members of the association which owns the collective mark, while the latter
may be used by anybody who complies with the defined standards. Thus, the users of a
collective mark form a “club” while, in respect of certification marks, the “open shop”
principle applies
 LOGO MARK: A visual symbol, design, or graphic representation used as a trademark.
For examples include the Apple logo or the Nike swoosh.
 DEVICES: This category includes fancy devices, drawings and symbols and also two
dimensional representations of goods or contain for example apple phones.

8 International Bureau of WIPO, World Intellectual Property Organization (WIPO): General Information, WIPO Pub.
No. 400 (published annually
9 "Basic Facts about Trademarks"
10 This is the approach chosen by Section 22(1) of WIPO’s Draft Industrial Property Act (the Draft Law)
11 International Bureau of WIPO, World Intellectual Property Organization (WIPO): General Information, WIPO Pub.
No. 400 (published annually
12 i.b.d
 D. Explain whether there is need for registration for copyright
The mark © falls under a trade mark which is a distinctive sign, symbol, word, or phrase which is
used in trade with goods and to distinguish them from the good of others.13 Specifically it falls
under a logo mark which is a visual symbol, design or graphic representation used as trade mark.
Copyright exists automatically in an original work of authorship once it is fixed, but a copyright
owner can take steps to enhance the protections. The same can be through Copy and Performance
Rights Act of Zambia.
What copyright is- Copyright is the exclusive and assignable legal right given to the originator
for a fixed number of years, to print, publish, perform, firm, or record literary, artistic or musical
material. In simple terms it is a legal right to be the only one to reproduce publishes and sale a
book, musical recording for certain period of time14. A bundle of intangible rights granted by
statute to the author or originator of certain literary or artistic productions, whereby, for a limited
period, the exclusive privilege is given to that person (or to any party to whom he or she transfers
ownership) to make copies of the same for publication and sale.
A copyright is a legal device that gives the creator of a literary, artistic, musical, or other creative
reproduction of their work, including the right to receive payment for that reproduction. An author
may grant or sell those rights to others, including publishers or recording companies. Violation of
a copyright is called infringement. This position of the law was well illustrated in the case of Basic
Books vs. Kinkos Graphic Corp15. The defendant had a photocopy store which made copies of
excerpts of books to college students without authorization from the book’s publisher and made
huge sums of profit. The court found the defendant guilty of copyright infringement. It ordered the
company to pay $500, 000 in damages to the publisher and issued an order forbidding it to prepare
anthologies without securing permission from the publisher.
The different categories of works eligible for copyright protection- the following list of copy
rights works are provided for under the Copy and Performance Rights Act in Zambia under section
9 and 40 (for registration).16
Literary Works: Books, articles, poems, and other written works.
Musical Works: Compositions, songs, and other musical creations.
Dramatic Works: Plays, scripts, screenplays, and other theatrical works.
Artistic Works: Paintings, sculptures, drawings, photographs, and other visual artworks.
Architectural Works: Designs for buildings, structures, and architectural plans
Sound Recordings: Audio recordings of musical or spoken performances

13 International Bureau of WIPO, World Intellectual Property Organization (WIPO): General Information, WIPO Pub.
No. 400 (published annually
14 Merriam Webster
15 758 F. SUPP. 1522 (S.D.N.Y.1991)
16 [Link] and Copy and Performance Act
BIBLIOGRAPHY
 Jane C. Ginsburg, “The Concept of Authorship in Comparative Copyright Law,” 52
DEPAUL L. REV. 1063 (2003)
 International Bureau of WIPO, World Intellectual Property Organization (WIPO):
General Information, WIPO Pub. No. 400 (published annually
 S. P. Ng’ambi. (2008). Intellectual Property Law; Module LL37. (1st Ed.) © ZAOU.
Page12.
 P. Merret. (1996). Merret: Intellectual property. Chapter 5, p. 87
CASES
Baker v. Selden 101 U.S. 99 (1879)
Basic Books vs. Kinkos Graphic Corp 758 F. SUPP. 1522 (S.D.N.Y.1991)
Apple Computer, Inc. v. Franklin Computer Corp.U.S. 1033 (1984). A.

STATUTES CITED

Patents Act Cap 400 Of The Laws of Zambia

Patents Act of Southern Rhodesia Chapter 208

Registration of The Patents Act of The United Kingdom Chapter 205

Copy and Performance Rights Act Chapter 406 of the Laws of Zambia

Trade Mark Act Chapter 401 of the Laws of Zambia