any services to which—
(a)
a forged registered trade mark is applied; or
(b)
a registered trade mark is falsely applied; shall be guilty of an offence
and liable to a fine not exceeding level seven or to imprisonment for a period not
exceeding two years or to both such fine and such imprisonment.
[inserted by Act 22 of 2001, gazetted on the 1st February, 2002.]
(2) It shall be a defence to any charge under subsection (1) if the person concerned
proves that—
(a)
having taken all reasonable precautions against committing an offence
under this Part—
(i)
he had, at the time of the sale, no reason to suspect the genuineness of
the trade mark; and
(ii)
on request made by an inspector, police officer or customs officer, he
gave to that inspector or officer all the information in his power with respect to the
person from whom he obtained such goods;
or
(b)
otherwise he had acted innocently.
86
Provision for restricting importation of goods bearing registered trade mark
(1) The proprietor or registered user of a registered trade mark who is a manufacturer,
dealer or trader in Zimbabwe may give notice in writing to the Director of Customs
and Excise that he—
(a)
is the proprietor or registered user, as the case may be, of the
registered trade mark; and
(b)
requests the Director of Customs and Excise, during the period
specified in the notice, to treat as prohibited goods, goods which are grown,
manufactured or produced outside Zimbabwe and to which there has been applied a
trade mark which is identical with the registered trade mark or which so nearly
resembles it as to be likely to deceive or cause confusion:
Provided that—
(i)
the period specified in a notice under this subsection shall not exceed
five years and shall not extend beyond the period for which the trade mark is
registered;
(ii)
the Director of Customs and Excise may refuse to act in terms of a
notice given under this subsection until the person giving the notice furnishes him
with security, in such form and for such amount as the Director of Customs and
Excise may require, to secure the fulfilment of any liability and the payment of any
expense which he may incur by reason of the detention by him of any goods to which
the notice relates or as a result of anything done by him in relation to goods so
detained.
(2) Where a notice has been given under subsection (1) and has not been withdrawn,
the importation into Zimbabwe at a time before the end of the period specified in the
notice of any goods referred to in paragraph (b) of subsection (1) shall be prohibited.
(3) Subject to any regulations made in terms of section one hundred and four, the
Director of Customs and Excise may, if, in his opinion, the contravention has not
occurred either intentionally or negligently, notwithstanding section 47 of the
Customs and Excise Act [23:02] permit goods which are liable to be or have been
seized in terms of this section to be delivered to the owner or importer upon security
being given to the satisfaction of the Controller of Customs and Excise that—
(a)
the improper marks will be effectually removed from the goods; or
(b)
such additions will be made as will render unobjectionable any mark
applied to the goods; or
(c)
the goods will be forthwith exported.
(4) An appeal shall lie from any decision of the Director of Customs and Excise under
subsection (3) as though it were a decision of the Registrar and Part XII shall apply,
mutatis mutandis, in relation to such appeal as though any reference in that Part to the