(i)
the same product or a substantially similar product; or
(ii)
any product to which the same or a suibstantially similar geographical
indication is applied;
or
(b)
any person who, in the course of business, consumes or uses a product
referred to in subparagraph (i) or (ii) of paragraph (a); or
(c)
where the geographical indication concerned is registered, the person
on whose application it was registered; ..or
(d)
any representative of a person referred to in paragraph (a), (b) or (c).
(2) Proceedings to prevent a contravention of section nine or for any other remedy
arising out of such a contravention may be instituted by any interested person in—
(a)
the Tribunal; or
(b)
the High Court; or
(c)
subject to the jurisdictional limits provided for in the Magistrates
Court Act [Chapter 7:10], in a magistrates court.
11
Remedies available in proceedings regarding use of misleading geographical
indication
(1) In proceedings referred to in section ten, an interested person shall be entitled to
any appropriate remedy, whether interdict, damages, attachment or otherwise, that is
available in respect of the infringement of any proprietary right.
(2) If it is established, in proceedings referred to in section ten, that the defendant or
respondent contravened section nine and the Tribunal or the court, having regard to¾
(a)
the flagrancy of the contravention; and
(b)
any benefit shown to have accrued to the defendant or respondent as a
result of the contravention; and
the need to deter the defendant or respondent and other persons from
(c)
further such contraventions;
is satisfied that effective relief would not otherwise be available to the plaintiff or
applicant, the Tribunal or the court, as the case may be, shall have power to award
such additional damages as it thinks fit.
(3) If it is established, in proceedings referred to in section ten, that the defendant or
respondent contravened section nine but that at the time of the contravention he was
not aware and had no reasonable grounds for suspecting that he was not entitled to
use or apply the geographical indication concerned in the manner he did, the plaintiff
or applicant shall not be entitled under this section to any damages against the
defendant or respondent in respect of that contravention.
12
Defences available in proceedings regarding use of misleading geographical
indication
(1) If it is alleged, in proceedings referred to in section ten, that the defendant or
respondent applied to any product a foreign geographical indication identifying any
wine or spirit, it shall be a defence for him to establish that he used the geographical
indication concerned in Zimbabwe continuously with regard to the same or a similar
product—
(a)
for at least ten years before the 15th April, 1994; or
(b)
in good faith before the 15th April, 1994.
(2) In any proceedings referred to in section ten relating to the application of a
foreign geographical indication, it shall be a defence for the defendant or respondent
to establish that the indication is not or has ceased to be protected in the foreign
country concerned or has fallen into disuse in that country.
(3) In any proceedings referred to in section ten it shall be a defence for the
defendant or respondent to establish that he is entitled to use the geographical
indication concerned by virtue of section forty-five.
(4) This section shall not be construed as limiting the defences that may be available
to a defendant or respondent in proceedings referred to in section ten.
13
Presumptions where geographical indication is registered