(b)
for the purpose of procuring or influencing the doing or omission of
anything in relation to this Act or any matter thereunder;
makes or submits a false statement or representation, whether orally or in writing,
knowing the same to be false, 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) Any person who, having innocently made a false statement or representation,
whether orally or in writing, for the purpose of procuring or influencing the doing or
omission of anything in relation to this Act or the repealed legislation or any matter
thereunder and who, on becoming aware that such statement or representation was
false, fails to advise the Registrar forthwith of such falsity shall be guilty of an
offence and liable to a fine not exceeding level six or to imprisonment for a period not
exceeding one year or to both such fine and such imprisonment.
[inserted by Act 22 of 2001, gazetted on the 1st February, 2002.]
95
Witness giving false evidence
Any person who, after having been sworn, wilfully gives false evidence before the
Registrar or the Tribunal concerning the subject matter of the proceeding in question,
knowing such evidence to be false or not knowing or believing it to be true, 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.]
96
Penalties
Save where otherwise specially provided in this Act, any person who is guilty of an
offence under this Act shall be liable to a fine not exceeding two thousand dollars or
to imprisonment for a period not exceeding two years or to both such fine and such
imprisonment.
PART XV
GENERAL
97
Convention arrangements
(1) Where any person who—
(a)
has applied for protection of a trade mark in a Convention country or
is the legal representative or assignee of a person who has made such application; and
(b)
applies in terms of this Act, within six months from the date of the
application for protection in the Convention country, for registration of the trade
mark;
he shall be entitled, if his trade mark is otherwise registrable in terms of this Act, to
registration of his trade mark in priority to other applicants and the registration shall
have the same date as the date of the application in the Convention country:
Provided that nothing in this section shall entitle the proprietor of a trade mark to
recover damages for infringements happening prior to the actual date on which his
trade mark is registered in Zimbabwe.
(2) Where applications have been made for the registration of a trade mark in two or
more Convention countries, the period of six months referred to in paragraph (b) of
subsection (1) shall be reckoned from the date on which the earlier or earliest of those
applications was made.
(3) Where a person has applied for protection for a trade mark by an application
which in accordance with—
(a)
the terms of a treaty subsisting between any two or more Convention
countries, is equivalent to an application duly made in any one of those Convention
countries; or
(b)
the law of any Convention country is equivalent to an application duly
made in that Convention country; he shall be deemed for the purposes of this section
to have applied in that Convention country.
(4) The registration of a trade mark shall not be invalidated by reason only of the use