Recently, the Industrial Property Automation System (IPAS) which is the IP management system used at Zimbabwe Intellectual Property Offices (ZIPO) to process all IP matters suffered a power surge which caused a breakdown in the system. As result of the malfunction, processing of pending applications is held in abeyance until the ZIPO technicians have repaired and restored the system. Until then, applications for IP matters will be accepted along with payments; however, the applications will not be captured or processed until the system is up and running again. This will mean that no official filing numbers will be provided but receipts will be issued for payments. With respect to renewals, although it will not be possible for ZIPO to process applications until the repair of the IPAS system, the Registry requires that applications for renewals are filed on or before the deadline to avoid surcharges for late renewal. As previously noted, there will be receipts for payment but as with new applications the renewal applications will not be processed, and the renewal notification certificates will not be issued until IPAS is restored.
Based upon past experience with IPAS breakdowns, it can take an extended period to complete repairs and capture all the data and documents into the IPAS system after it has been restored. Considering this, to avoid penalties being assessed for late filing of renewals, it is advisable to file applications for renewals on or before the due date but anticipate a delay in getting the certificates. Other post registration filings can be postponed so long as the applicant doesn't require and/ or is not obligated to provide proof of filing within a specified time. As for new trademark applications, if proof of the filing date and official number is necessary at the time of filing, then filing for protection at ARIPO may be an option for consideration. If an application is filed at ARIPO, a filing date and an ARIPO official number will immediately be provided.
With respect to searches at ZIPO, these too may not be reliable without IPAS because the system stores the data for registered and pending IP matters. The manual files are still in existence but have not been fully maintained since the implementation of IPAS.
Technicians at the ZIPO are still undertaking a full assessment of the IPAS system to understand the extent of the damage. An official announcement is expected to be made by ZIPO, announcing with an estimated timeline in which the repairs will be undertaken, and the system restored.
Although the Registrar at ZIPO is entitled to examine the application, the Rules require that if the Registrar fails to do so within 9 months, the application may proceed to be published for opposition for 3 months and thereafter if no opposition, the applicant can apply for sealing of the certificate and the mark will be registered at ARIPO and the ZIPO Registry.
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