Zambia has taken a significant step towards stopping counterfeit goods at the border with the introduction of a new Trade Marks Act, but the new trade mark enforcement system will only become operational once the Regulations are promulgated.

For years, businesses seeking to keep counterfeit goods out of Zambia have had limited options at the border. Unlike markets with established Customs recordal system, brand owners have largely had to rely on enforcement after suspect goods had already entered the market. This position may now begin to change under the Trade Mark Act No. 11 of 2023. The Act, which came into effect on 31 December 2025, introduces measures aimed at strengthening border enforcement against suspected counterfeit goods.

Under Part X of the Act, a trade mark proprietor or their licensee who suspects that counterfeit goods bearing their trade marks may be imported into Zambia, can apply to the Commissioner-General for border measures. In practical terms, this could create a formal mechanism for businesses to alert Customs to their intellectual property rights before suspected counterfeit goods reach the market. The system is, however, not yet fully operational, as the Regulations needed to give effect to the process have not yet been promulgated.

Why businesses should pay attention?

Counterfeit goods pose a significant threat to consumer-facing businesses, affecting not only revenue, but also customer trust and brand reputation. Years of investment in building a recognised and respected brand can be undermined by the circulation of fake products. A functioning Customs recordal system could therefore provide an important first line of defence by allowing suspected counterfeit goods to be identified and detained at the border, rather than having to seize these after they have entered the market.

The proposed process requires the Commissioner of Customs to verify any trade mark registration with the Registry before approving a recordal application. This is intended to ensure that only valid rights are recorded and to prevent misuse of the system. Under the draft Regulations, the Registrar would have 14 days to confirm the validity of the registration, followed by a further 14 days to notify the applicant that the recordal is effective. In practice, this means the process could be completed within approximately one month.

The draft Regulations also clarify the scope of the proposed recordal system. The measures would apply only to goods destined for Zambia and would not extend to goods merely passing through the country. This reflects the territorial nature of trade mark rights and is an important consideration for businesses operating across regional supply chains.

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A potentially accessible system

The proposed recordal regime appears to be relatively accessible to right owners. The Act makes recordal voluntary and, notably, does not indicate that an application fee would be payable. Removing an upfront application fee could encourage greater use of the system and make border enforcement measures more accessible to businesses once the process is formally introduced.

Questions remain over what happens after detention

While the Act sets out the process for detaining suspected infringing goods, it provides limited guidance on what would happen once goods are detained. A detention notice must be issued within seven days, but the subsequent enforcement process is not fully defined. A proprietor or licensee may institute infringement proceedings within 10 days of receiving the detention notice. The Act also provides for an importer or exporter to admit to the infringement and consent to the disposal of the counterfeit goods within 90 days of detention.

The intersection between these periods is not entirely clear. Ordinarily, if proceedings are not instituted within the prescribed period, goods can remain detained for longer, particularly where there are separate concerns relating to public safety or outstanding import duties. This is something that could be clarified by the Regulations, once promulgated.

The legislation also recognises the interests of importers. Under section 113, an importer may apply to court for the release of detained goods and may seek compensation where the recordal holder failed to institute proceedings within 10 days or had no reasonable grounds to seek the recordal.

Zambia’s Fight against Counterfeits: What happens next?

Zambia’s proposed Customs recordal system could give businesses a stronger tool to tackle counterfeit goods at the border, but its success will depend on the regulations that govern the practical elements of its implementation. Key issues, such as who bears the cost of destroying counterfeit goods, still need to be resolved. With other African markets strengthening border enforcement, Zambia now has an opportunity to close a significant gap in its anti-counterfeiting framework. The next step is clear: promulgate the regulations and bring the promise of stronger border protection into practice.