Evaluation of the Civil Enforcement of Industrial Design Rights in Zimbabwe

Abstract

An Industrial Design right is an Intellectual Property right that protects the visual design of objects that are capable of industrial application and are not purely utilitarian in nature. The Industrial Design right holder is given a bundle of rights in Zimbabwe that he can assert by taking legal action in a civil suit to ensure that no third party uses such rights without proper authorization, as well as obtaining compensation in the event of infringement. The study sought to analyse the legal framework for the civil enforcement of Industrial Design rights in Zimbabwe and provide insight on whether the current legislation and procedures need to be reviewed or rather what is required is training and capacity building for those involved in the civil enforcement of Industrial Design rights in Zimbabwe. The methodology that was used for the study was the mixed method research which was adopted to collect both quantitative and qualitative data in a single study to provide a better insight into the civil enforcement of Industrial Design rights in Zimbabwe. The objectives of the study were to analyse the rights that are conferred on Industrial Design right holders in Zimbabwe, assess the main ways in which Industrial Design rights are infringed in Zimbabwe, evaluate the legal framework for the civil enforcement of Industrial Design rights in Zimbabwe and evaluate whether the legal framework for the civil enforcement of Industrial Design rights in Zimbabwe is adequate and effective. From the data that was collected it is evident that the majority of the participants were not aware of the rights conferred on Industrial Design right holders in Zimbabwe, the manner in which Industrial Design rights are infringed in Zimbabwe and the civil remedies that are applicable in the enforcement of Industrial Design rights in Zimbabwe. There is therefore need for awareness, training and capacity building for Legal Practitioners, Judges and Magistrates on the civil enforcement of Industrial Design rights in Zimbabwe through workshops and collaborations with Intellectual Property experts in Zimbabwe as well as for local universities that offer the Bachelor of Laws degree to make Intellectual Property a compulsory module and not an elective module. It is clear that there is serious lack of awareness on the civil enforcement of Industrial Design rights in Zimbabwe by Legal Practitioners, Judges and Magistrates who are key players in the enforcement of such rights and this negatively impact the jurisprudence that is being made and may not afford better protection to the Industrial Design right holder in Zimbabwe.