On December 31, 2025, the Patents and Companies Registration Agency (PACRA) of Zambia officially announced the full operationalization of the Trade Marks Act No. 11 of 2023, following the signing of Statutory Instrument No. 86 of 2025 by the Honourable Minister of Commerce, Trade and Industry, Hon. Chipoka Mulenga, MP. This landmark development signifies a comprehensive modernization of Zambia's intellectual property (IP) legal framework, designed to establish a more robust and efficient legal foundation for innovation and brand protection for both domestic and international enterprises. The new Act formally repeals and replaces the Trade Marks Act of 1958, which had been in force for over six decades, demonstrating Zambia's firm commitment to aligning with international standards, optimizing the business environment, and enhancing economic competitiveness.
The core of the new legislation lies in establishing a more comprehensive and internationally integrated protection system. It explicitly extends registration protection to service marks, keeping pace with modern economic trends, and, for the first time, dedicates a specific chapter to establishing a Geographical Indications (GI) protection regime. This provides a legal shield for agricultural products, handicrafts, and other goods originating from specific regions that possess unique qualities or reputation, with significant potential to boost local specialty industries and rural development. Furthermore, the definition of a "trademark" has been expanded to explicitly include non-traditional signs such as scents, sounds, and the shape of goods. Protection for well-known marks is also strengthened, allowing right holders to assert their rights and oppose bad-faith registrations and infringements even if the mark is not registered or used in Zambia.
To integrate into the global IP governance system, the new Act domesticates the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks. This means trademark applicants can now use the streamlined Madrid System to seek international registration designating Zambia, significantly simplifying cross-border brand protection processes. Simultaneously, the Act incorporates the core principles of the Paris Convention and the TRIPS Agreement, ensuring its domestic protection standards synchronize with mainstream international practices.
Regarding registration and administrative procedures, the new law focuses on enhancing efficiency and transparency. It expressly supports the electronic maintenance of the Register and recognizes the legal validity of electronic filing and service of documents. It also introduces flexible mechanisms such as registration of series of marks, provisions for joint applications, and division of applications, providing applicants with more strategic options. The examination process is clearer, structured into formal and substantive examination stages, and grants applicants sufficient rights to remedy deficiencies and present their case.
Of paramount importance is the establishment of an unprecedented and robust enforcement network. For civil remedies, right holders can seek injunctions, claim damages, apply for orders to deliver up and dispose of infringing goods, and resort to provisional measures to prevent escalating harm. A newly created "Border Measures" chapter authorizes right holders to apply to customs authorities to detain suspected counterfeit import/export goods based on reasonable suspicion, providing a sharp tool against cross-border infringement. On the criminal front, the Act details a series of offences including counterfeiting trademarks, falsely applying a registered mark, and making or possessing infringing articles, prescribing substantial fines and imprisonment terms for both individuals and legal entities, creating a strong deterrent. Additionally, the new law dedicates a chapter to regulating the trade mark agent profession, setting entry thresholds and practice requirements to ensure professional service quality.
To ensure a smooth transition, the Act's Schedule stipulates that trademarks registered under the old law remain valid, with renewals subject to the new rules; applications filed before the new Act's commencement will be processed under the new procedures; and existing trademark agents are granted a grace period to re-register.
In summary, the full implementation of Zambia's Trade Marks Act, 2023 not only erects a new, modern pillar for its IP protection but also creates a more secure and predictable legal environment for domestic and foreign investors and innovators. PACRA has expressed its commitment to continued collaboration with all stakeholders to ensure the smooth implementation of the new law and to provide relevant guidance and support to businesses and the public. This transformative change signals Zambia's active participation in the new chapter of global knowledge economy competition with a more open posture and a refined institutional framework.
Source: https://www.pacra.org.zm/notices/12
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