– Industrial Designs Act, 2003 (Act 660), entry into force (Gazette Notification) December 31, 2003.
– Industrial Designs (Amendment) Act, 2020 (Act 1033) Gazette Notification October 27, 2020.
– Industrial Designs Regulations, 2022 (L.I. 2464), Gazette Notification October 25, 2022.

– Convention Establishing the World Intellectual Property Organization (WIPO), since June 12, 1976.
– Paris Convention for the Protection of Industrial Property, Stockholm Act of July 14, 1967, since September 28, 1976.
– Lusaka Agreement on the Creation of the African Regional Intellectual Property Organization (ARIPO), since February 15, 1978.
– ARIPO, Harare Protocol on Patents and Industrial Designs, since April 25, 1984.
– WTO’s TRIPS Agreement, since January 1, 1995.
– Hague Agreement Concerning the International Registration of Industrial Designs, Geneva Act, since September 16, 2008.

Applicant: individuals or legal entities. 

Applicant not resident or not having its principal place of business in the country: must be represented by a legal practitioner resident and practicing in the country. 

Definition of industrial design: (a) a composition of lines or colors, any three-dimensional form or any material, whether or not associated with lines or colors; (b) a textile design, is an industrial design where the composition, form or material gives a special appearance to a product of industry or handicraft and can serve as a pattern for a product of industry or handicraft. Protection under the Act is not applicable to anything in an industrial design, which serves solely to obtain a technical result to the extent that it leaves no freedom as regards arbitrary features of appearance. 

Criteria for protection: an industrial design is registrable if it is new. An industrial design is new or original if it significantly differs from known designs or combinations of known design features. A twelve-month grace period for non-prejudicial disclosures is provided for. 

Not registrable: an industrial design, which is contrary to public order or morality.

Priority: may be claimed as in the Paris Convention.

Multiple applications: one design application can comprise more than one design (up to five) if they belong to the same Locarno class or the same set or composition of articles.

Filing requirements for an application (to be sent to resident agent):
1. The name, address, nationality and country of residence or principal place of business of the applicant;
2. The authorization given to the agent to act on behalf of the applicant;
3. Where the applicant is the creator, a statement to that effect;
4. Where the applicant is not the creator, the name and the address of the creator and a statement justifying the right of the applicant to register the design;
5. A representation of the industrial design or a specimen of the industrial design;
6. 4 graphic representations or 4 drawings or tracings of each of the different sides if the industrial design is three-dimensional (graphic representations should not exceed 29 x 21 cm, should be affixed on four A-4 sized sheets and should be in black ink where applicable);
7. The class the design is being registered under the Locarno Classification;
8. A declaration claiming priority if priority is being claimed. The declaration must contain the date of the earlier Convention application, the number of the earlier application, the symbol of the international classification which has been allocated to the earlier application and where the application is a regional or an international application, the state and office in which the application was filed;
9. Certified copy of the earlier application (if any);
10. A certified English translation of any document that is not in English;
11. DAS control code (if any).

Electronic filing: not available. 

Electronic signatures: are not accepted. However, scanned copies of wet signed documents are accepted; there is no need to send the original at a later date.

For a change of name or address: copy of an extract from the Commercial Register confirming the change of name or address.

Examination: formal examination requirements include whether or not the design complies with the definition of “industrial design” and the requirements of public order and morality as provided for in the Act.

Opposition to registration: the Act provides for opposition by any interested person on the ground that one or more of the requirements have not been fulfilled or that the applicant does not have a right to the registration of the industrial design. Opposition to registration shall be by notice to the Registrar.

Registration: after all requirements in the Act for registration are satisfied, the Registrar will issue a certificate of registration (in paper format) and publish a reference to the registration.

Duration – renewal: five years from filing date, renewable for four further consecutive periods of five years each, up to a maximum of twenty-five years.

Renewal grace period: six months, subject to payment of a surcharge.

Rights conferred: exclusive right of exploitation. The registered owner may also institute court proceedings against any person who infringes the industrial design or who performs an act which makes it likely that infringement will occur.

Intentional infringement: is a criminal offence.

Changes in ownership and license contracts: must be submitted to the Registrar for recordal and publication. A change in ownership and license contracts is of no effect against third parties unless it has been recorded and published in accordance with the Act.

Cancellation: by the High Court at the instance of any interested person.