(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.
[Inserted by Act 25 of 2001 with effect from the 1st March, 2002.]
47
Remedy for groundless threats of infringement proceedings
(1) Where any person, whether entitled to or interested in a registered design or an
application for registration of a design or not, by circulars, advertisements or
otherwise threatens any other person with proceedings for infringement of the
copyright in a registered design, any person aggrieved thereby may bring an action
against him in the High Court in accordance with the rules of that Court for any such
relief as is mentioned in subsection (2).
[Amended by Act 25 of 2001 with effect from the 1st March, 2002.]
(2) Unless, in any action brought by virtue of subsection (1), the defendant proves
that the acts in respect of which proceedings were threatened constitute or, if done,
would constitute, an infringement of the copyright in a registered design, the
registration of which is not shown by the plaintiff to be invalid, the plaintiff shall be
entitled to the following relief, that is to say—
(a)
a declaration to the effect that the threats are unjustifiable;
(b)
an interdict against the continuance of the threats;
[Amended by Act 25 of 2001 with effect from the 1st March, 2002.]
(c)
such damages, if any, as he has sustained thereby.
(3) For the avoidance of doubt, it is hereby declared that a mere notification that a
design is registered does not constitute a threat of proceedings within the meaning of
subsection (1).
(4) The defendant in any action brought in terms of subsection (1) may apply, by way
of counter-claim in the action, for any relief to which he would be entitled in a
separate action in respect of any infringement by the plaintiff of the copyright in the
design to which the threats relate.
47A Restriction on importation or exportation of infringing articles
(1) In this section—
“infringing article” means any article to which there has been applied a design that
infringes the copyright in a registered design.
(2) If the proprietor of a registered design, by written notice to the Director of
Customs and Excise—
(a)
informs the Director that he is the proprietor of the registered design;
and
(b)
satisfies the Director that there are reasonable grounds to suspect that
infringing articles have been or may be imported into or exported from Zimbabwe;
and
(c)
requests the Director to treat the infringing articles referred to in
paragraph (b) as prohibited goods; and
(d)
describes the articles concerned with sufficient particularity to make
them readily identifiable;
the Director shall forthwith comply with the request and ensure that no such articles
are imported into or exported from Zimbabwe, and that any such articles that have
been imported but not yet entered are not released to the importer:
Provided that the Director need not comply with such a request until the proprietor