Africa Update 2020 – Zambia

The enforceability of International Registrations in Zambia- Trade Marks Rights Not Getting 'Beta'?

In a recent decision of the Registrar of Trade Marks in Zambia in the matter of Sigma-Tau Industrie Farmaceutiche Riunite ("the Opponent") and Amina Limited ("the Applicant"), the Registrar held that international registrations ("IRs") under the Madrid Protocol designating Zambia are valid on the Zambian trade mark register. Furthermore, the Registrar held that the proprietor of an earlier IR designating Zambia may rely on that IR to oppose any later trade mark application. This decision has come as a surprise to many practitioners, given that the Madrid Protocol has yet to be domesticated into local law in Zambia.