A Critical Analysis of the Weaknesses in the Industrial Designs Act of 2016 Of Zambia: A Comparative Study with Best Practices from Kenya and the United Kingdom

Abstract

This study evaluated whether Zambia’s Industrial Designs Act No. 22 of 2016 is adequate for protecting the forms of modern and digital design that increasingly define today’s creative and technological landscape. Although the Act was introduced to modernize the country’s intellectual property framework, it remains tied to a traditional, article-based definition of design that excludes digital interfaces, icons, animations and other virtual elements now central to innovation. The research identified several weaknesses within the current law, including the exclusion of digital subject matter, the absence of prior user rights, limited enforcement mechanisms, lack of protection for unregistered designs and Zambia’s non-participation in The Hague international registration system. These limitations collectively undermine legal certainty for creators and restrict Zambia’s ability to compete in a global market where digital creativity plays a major role. By examining the approaches adopted in Kenya and the United Kingdom, the study shows that more flexible and forward-looking design regimes are achievable and offer valuable lessons for reform. Based on these insights, the study recommended expanding the definition of industrial design to include digital creations, introducing prior user protections, recognising unregistered designs, strengthening enforcement structures and joining The Hague system to support international protection. Overall, the study concludes that meaningful reform of the current Act is essential for supporting innovation, encouraging entrepreneurship and positioning Zambia to participate effectively in the growing digital and creative economies.