furnishes him with security in such form and for such amount as the Director may
require to secure the fulfilment of any liability and the payment of any expense which
he may incur as a result of the detention of any articles to which the request relates or
as a result of anything done by him in relation to articles so detained.
(3) Where a request has been made under subsection (1) and has not been withdrawn,
the importation into or exportation from Zimbabwe of any articles to which the
request relates shall be prohibited for a period of ten working days from the date on
which the Director of Customs and Excise complies with the request:
Provided that—
(i)
if within that period the proprietor has instituted proceedings for an
order in terms of subsection (4), or proceedings for any other order leading to a
decision on the merits of the matter, the importation or exportation of the articles
concerned shall continue to be prohibited until the determination of those proceedings
or until the court or tribunal concerned orders otherwise;
(ii)
this subsection shall not apply to the importation or exportation of a
single article by a person for his personal and private use.
(4) If the proprietor of a registered design satisfies the Tribunal or a court that—
(a)
he is the proprietor of the registered design; and
(b)
there are reasonable grounds to suspect that infringing articles have
been or may be imported into or exported from Zimbabwe;
the Tribunal or court may issue an order directing the Director of Customs and Excise
to prevent the importation or exportation, as the case may be, of those articles.
(5) An order under subsection (4)—
(a)
shall describe the articles concerned with sufficient particularity to
make them readily identifiable; and
(b)
may be granted subject to conditions, including the giving of security
by the applicant and the inspection of the articles concerned.
(6) For so long as an order under subsection (4) is in force, the Director of Customs
and Excise shall treat the articles to which the order relates as if¾
(a)
they were prohibited from importation in terms of section 47 of the
Customs and Excise Act [Chapter 23:02]; or
(b)
their exportation was prohibited for the purpose of section 61 of the
Customs and Excise Act [Chapter 23:02];
as the case may be.
(7) The Director of Customs and Excise shall take all necessary steps to inform an
importer or exporter or intended importer or exporter of articles whose importation or
exportation is prohibited by virtue of this section of the reasons for the prohibition.
(8) While any articles are detained pursuant to a request or an order under this
section—
(a)
the proprietor at whose instance the request or order was made; and
(b)
the importer of the articles;
shall be given an adequate opportunity to inspect the articles in order to determine
whether or not they are infringing articles.
(9) Notwithstanding anything in the Customs and Excise Act [Chapter 23:02], a
person shall not be liable to any penalty under that Act, other than forfeiture of the
articles, as a result of their importation or exportation being prohibited by virtue of
this section.
[Inserted by Act 25 of 2001 with effect from the 1st March, 2002.]
PART IX
OFFENCES AND PENALTIES
48
Falsification of certain documents
Any person who—
(a)
makes or causes to be made a false entry in the Register, knowing the
entry to be false; or
(b)
makes or causes to be made or produces or tenders or causes to be