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Custom Recordal of IPRs in Zimbabwe

Zimbabwe

Custom Recordal of IPRs
Yes
No
Yes
The Trade Marks Act (Chapter 26:04) forms the legal basis for Custom Recordal of IPRs (Border Control Measures) in Zimbabwe.
Custom Recordal of IPRs is effective only on the import of goods.
The customs receive the request of the registered proprietor of marks and act in accordance with the order of the Director of Customs and Excise to the effect of identifying and removing goods of infringing nature from the market.
The proprietor or registered user of a registered trademark who is a manufacturer, dealer, or trader in Zimbabwe may give a notice in writing to the Director of Customs and Excise.
The documents to be submitted are as follows:
  • A letter of intention of making such a request; and
  • The registration certificate or proof of ownership of such a title to prevent the third-party from using it.
No
The Director of Customs and Excise may refuse to act in terms of a notice 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.
Yes, the system is centralized.
There is no online system; instead, a written formal request has to be made.
There is no official fee for Custom Recordal in Zimbabwe.
It may last up to any period not exceeding 05 years and shall not extend beyond the period for which the trademark is registered.
Yes
If the customs receive a request of surveillance and finds the goods that are allegedly infringing upon a rights holder’s legitimate rights, they may suspend such goods from clearance until their actual fate is determined after proper investigation.
The applicant bears all the expenses related to suspension of the release of infringing goods.
Yes
Yes
Yes
No
No
No
A security amount has to be paid corresponding to the nature and quantity of goods, which is determined itself by the Director of Customs.
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 the 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. It also informs both the parties to continue investigation as per the rule of law by giving a chance to both the parties to be heard.
Where either party disagrees to the nature of the goods, the court proceedings ought to be initiated. Failure to do so may lead to one part finding itself guilty by the order of the court.
No
There is a vague framework provided within the trademarks Act; however, the fact remains that it is barely utilized to identify and eliminate infringing goods from the market.
Yes
The court may require the submission of other requirements. Not producing such evidentiary requirements may result in being found guilty for 14 days.
The possible remedies awarded by the court include the following:
  • Removal of improper marks from the goods;
  • Making additions to render the mark unobjectionable to the goods;
  • Fine;
  • Destruction of goods; and
  • Forfeiture of goods by the state.
Yes