Registrar were a reference to the Director of Customs and Excise.
87
Power to require information in respect of imported goods bearing fraudulent
marks
(1) Where goods the importation of which is prohibited by section eighty-six are
imported into Zimbabwe and the Director of Customs and Excise is, upon
representations made to him, satisfied that the use of the trade mark constitutes a
forgery, a customs officer may require the importer of the goods or his agent to
produce any documents in his possession relating to the goods and to furnish
information as to the name and address of the person by whom the goods were
consigned to Zimbabwe and the name and address of the person to whom the goods
were sent in Zimbabwe.
(2) An importer or his agent who fails to comply with any requirement in terms of
subsection (1) within fourteen days shall be guilty of an offence and liable to a fine
not exceeding level five or to imprisonment for a period not exceeding six months or
to both such fine and such imprisonment.
[inserted by Act 22 of 2001, gazetted on the 1st February, 2002.]
(3) Notwithstanding section 210 of the Customs and Excise Act [Chapter 23:02], the
Director of Customs and Excise may communicate to the proprietor or registered user
of a registered trade mark which is alleged to have been used in contravention of this
Act the name and address of the importer of the goods or his agent and such other
information relating to that importer or his agent as the Director of Customs and
Excise considers expedient in the circumstances.
88
Aiding and abetting offence under this Part
Any person who within Zimbabwe procures, counsels, aids, abets or is accessory to
the commission outside Zimbabwe of any act which, if committed within Zimbabwe,
would be an offence under this Part, shall himself be guilty of that offence and liable
to be punished accordingly.
[inserted by Act 22 of 2001, gazetted on the 1st February, 2002.]
89
Limitation of period of prosecution
No prosecution for an offence under this Part shall be commenced after the expiration
of a period of—
(a)
three years from the date on which the offence is alleged to have been
committed; or
(b)
one year after the first discovery thereof by a police officer or customs
officer;
whichever is the earlier.
90
Evidence
(1) Any invoice or other document submitted or used by an importer or any other
person in connection with the importation of goods in respect of which a prosecution
is brought under this Part may be produced as evidence in any criminal proceedings
without calling the person who prepared or signed it.
(2) In any prosecution for an offence under this Part, evidence that any imported
goods were shipped at any port of call shall be prima facie evidence that those goods
were grown, manufactured or produced in the country within which that port is
situated.
(3) Where, in any prosecution for an offence under this Part, the consent of the
proprietor of a trade mark is a relevant issue. the onus of proving the consent of such
proprietor shall lie on the accused.
91
Forfeiture of goods
(1) On conviction of any person for an offence under this Part, the court may, in
addition to any sentence passed, declare any goods in respect or by means of which
the offence was committed to be forfeited to the State, unless the owner of the goods
or any person acting on his behalf or other person interested in the goods shows cause
to the contrary.
(2) After any goods in respect of or by means of which it is suspected that an offence