(b) the other person has in his possession documents or other things of whatsoever nature which
constitute evidence of great importance in substantiation of that cause of action; and
(c) there is a real and well-founded apprehension that the documents or other things may be hidden,
destroyed or rendered inaccessible before discovery can be made in the usual way; the Tribunal or court, as
the case may be, may make such order as it considers necessary or appropriate to secure the preservation
of the documents or things as evidence.
(2) An order in terms of subsection (1) may be granted without notice to the person who is allegedly in
possession of the documents or other things to which the order relates, and the Tribunal or court may sit in
camera for the purpose of hearing an application for such an order; Provided that the Tribunal or Court
shall not grant an order without such notice unless it is satisfied that there is a real possibility that the
documents or things will be hidden, destroyed or rendered inaccessible if notice is given.
(3) An order in terms of subsection (1) may be granted on such conditions, including the giving of
security by the applicant, as the Tribunal or court may fix.
(4) This section shall not be taken to limit any power a court may have under its ordinary jurisdiction to
grant orders such as are referred to in this section.
Protection of Familiar Foreign Marks
9E.—(1) In this section—
“familiar foreign mark” means a mark which is well known in Zimbabwe as being the mark of a
person who—
(a) is a national of a Convention country; or
(b) is domiciled in, or has a real and effective industrial or commercial establishment in, a Convention
country; whether or not that person carries on business or has any goodwill in Zimbabwe.
(2) On application by the proprietor of a familiar foreign mark, the Tribunal or a court of competent
jurisdiction may prohibit the use in Zimbabwe of a trade mark which constitutes, or the essential part of
which constitutes, a reproduction, imitation or translation of the familiar foreign mark, where the trade
mark is being or will be used in relation to—
(a) goods or services which are identical or similar to the goods or services in respect of which the familiar
foreign mark is well known in Zimbabwe, where such use is likely to deceive or cause confusion; or
(b) goods or services which are not similar to those in respect of which the familiar foreign mark is well
known in Zimbabwe, if—
(i) the use of the trade mark in relation to those goods or services would indicate a connection between
them and the proprietor of the familiar foreign mark; and
(ii) the interests of the proprietor of the familiar foreign mark are likely to be injured by such use; and
(iii) the familiar foreign mark is registered as a trade mark in the Convention country
concerned.”.
(3) The proprietor of the familiar foreign mark shall, within a month of instituting
infringement procedures, apply for the registration of the said mark in Zimbabwe.
Amendment of Section 14 of Cap. 26:04
7. Section 14 of the principal Act is amended by the insertion after subsection (2) of the following
subsection—
“(2a) Without derogation from subsection (1) or (2), the Registrar shall, on his own initiative or
at the request of an interested party, refuse or invalidate the registration of a trademark which contains or