WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
Intellectual Property Rights ]]>~/l/~~E/G/l 
13 February 2002 
(02-0741) 
Original: English! 
anglaisl 
ingIes 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LA ~S AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
ZIMBABWE 
The present document reproduces the textl of the Geographical Indications Bill, 200 I, as 
notified by Zimbabwe under Article 63.2 of the Agreement (see document IP/N/l/ZWE/2). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINC]]>ALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
ZIMBABWE 
Le present document contient le textel du projet de loi sur les indications geographiques, 
2001, notifie par le Zimbabwe au titre de l'article 63:2 de l'Accord (voir le document IP/N/l/ZWE/2). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINC]]> ALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL P ARRAFo 2 DEL ARTicULO 63 DEL ACUERDO 
ZIMBABWE 
En el presente documento se reproduce el textol del proyecto de 1ey de indicaciones 
geognificas de 2001, notificado por Zimbabwe de conformidad con 10 dispuesto en e1 pan-afo 2 del 
articulo 63 del Acuerdo (vease el documento IP/NIl/ZWE/2). 
I In English only.lEn anglais seulernent.lEn ingles solamente. JP/N/l/ZWE/GIl 
Page 2 
GEOGRAPHICAL INDICATIONS BILL, 2001 
MEMORANDUM 
This Bill will prevent the misuse of geographical indications, that is to say statements 
as to the country or area of origin of products, where the products concerned have a quality, 
reputation or other characteristic that is attributable to their geographical origin. It will 
prevent, for example, the sale of goods that bear labels with the words "made in Zimbabwe" 
or "made in England" if the goods have not in fact been made in Zimbabwe or England. 
The Bill will give effect to the provisions of the Agreement on Trade-Related Aspects of 
Intellectual Property Rights (the TRIPS Agreement), which was concluded in 1994 in the 
framework of the Uruguay Round of GATT. 
In more detail, the individual provisions of the Bill are as follows: 
Part 1 
Clause I sets out the Bill's short title. 
Clause 2 contains definitions of terms that are used throughout the Bill. The expres­
sion "misleading geographical indication" is defined by reference to clause 3, where the 
expression is dealt with at some length. In essence, a geographical indication will be 
misleading if it is false (i.e. if it falsely indicates where the product concerned originated) 
or if its use would mislead the public or would constitute unlawful competition. The word 
"sell" is defined in clause 2 very widely to include offering and advertising a product for 
sale as well as bartering, exchanging or disposing of a product for any consideration. 
Clause 4 indicates what is meant in the Bill by "applying" a geographical indication 
to a product; again, it is widely framed to cover marking the product with a geographical 
indication, or using a geographical indication in an advertisement for the product or using 
it in any other manner in relation to the product. 
Part 11 
This Part deals with administrative matters. Clause 5 provides that the Trade Marks 
Office established under the Trade Marks Act [Chapter 26:04] will be the Trade Marks 
Office for the purposes of this Bill, while the registrars..-and other staff of that Office will 
perform the functions of the Registrar and his staff under the Bill. The Registrar and all 
other members of his staff will be under the general control of the Controller of Patents, 
Trade Marks and Industrial Designs. Under clause 6 the seal of the Patents Office will be 
used to authenticate documents for the purposes of the Bill. Clause 7 provides for a Reg­
ister of Geographical Indications to be established and kept at the Trade Marks Office; 
particulars of all registered geographical indications will be recorded in the Register. The 
Register will be open to inspection by members of the public, who will be entitled to obtain 
certified copies of entries in it (clause 8). 
Part 111 
This Part will prohibit the use of misleading geographical indications and will pro­
vide remedies for persons aggrieved by the use of them. IP/N/l/ZWE/G/1 
Page 3 
Clause 9 will prohibit the application of a misleading geographical indication to any 
product, as well as the sale, import, export or manufacture of any product to which a mis­
leading geographical indication has been applied. Any interested person will have a right 
under clauses 10 and I I to institute civil proceedings in the Intellectual Property Tribunal, 
the High Court or a magistrates court for an order preventing the use of a misleading 
geographical indication, or for compensation for loss suffered as a result of its use, or for 
any other appropriate remedy. The term "interested person" is defined widely in subclause 
(1) of clause 10 to include anyone who may be affected by the misuse of a geographical 
indication. The term will embrace persons who sell, manufacture, import, export, con­
sume or use products that are similar to those to which q misleading geographical indica­
tion has been applied, as well as persons who legitimately use the geographical indication 
concerned and, in the case of a registered geographical indication, persons who were 
responsible for its registration. A court or the Intellectual Property Tribunal will have 
power to award penal damages in cases of flagrant use of misleading geographical indica­
tions, but no damages will be awarded against persons who were unaware that geographi­
cal indications used by them were misleading. See clause 11 (2) and (3). 
Clause 12 sets out certain defences that will be available in proceedings under clauses 
10 and 11. Thus a person who is sued for using a misleading geographical indication will 
have a defence if he can prove that he used the geographical indication concerned legiti­
mately before the TRIPS Agreement came into force; or that the geographical indication 
concerned is not protected in the country to which it relates; or that the geographical 
indication concerned is a name that is commonly applied to the product to which he 
applied it; or that the geographical indication concerned is his own business name or a 
legitimate trade mark. Clause 13 sets out certain presumptions that will apply in proceed­
ings under clauses 10 and 11 if the geographical indication concerned has been registered 
under Part IV of the Bill. In such cases it will be presumed that the indication concerned is 
a geographical indication to which the Bill applies, and that the products that are recorded 
in its entry in the Register have a characteristic that is attributable to their place of origin. 
Clause 14 will give the Intellectual Property Tribunal and a court power to issue what 
are known as "Anton Piller" orders, that is, orders granted without notice for the purpose of 
preventing the destruction or concealment of evidence to defeat a plaintiff's claim. Clause 
15 will permit anyone who is harassed by groundless threats of proceedings under clauses 
1 0 and 11 to obtain an interdict or other remedy to prevent the threats and to obtain dam­
ages for any harm suffered as a result of them. IP/N/l/ZWE/Gil 
Page 4 
Part IV 
This Part deals with the registration of geographical indications. 
Under clause 16 an application for registration may be made by anyone who sells, 
manufactures, imports or exports a product to which the geographical indication concerned 
is applied, or who as a matter of business consumes or uses such a product; the application 
may also be made by an organisation that represents any such person. Applications will 
have to be lodged with the Trade Marks Office, together with the fee prescribed in regula­
tions, and applicants will have to provide the information set out in clause 17 Cl). If the 
Registrar is satisfied, primafacie, that an application complies with clause 17(4) he will be 
obliged to accept it and the applicant will then have to advertise it in the prescribed way 
under clause 18. Interested parties will have two months within which to notify the Regis­
trar in writing of their opposition to the registration of the geographical indication con­
cerned. If no one objects to an application the Registrar will be obliged to register the 
geographical indication concerned in terms of clause 19( 1 )(a). If an objection is lodged the 
applicant will be entitled to lodge a counter-statement in reply to the objection, and the 
Registrar will have to hear the parties and decide whether or not to register the geographi­
cal indication (clause 18(5)). An appeal to the Intellectual Property Tribunal will lie against 
any decision of the Registrar in regard to the registration of an indication. Registration will 
normally be effective from the date on which the application was lodged with the Trade 
Marks Office (clause 20). 
Part V 
This Part deals with amendments to the Register and the cancellation of registration. 
The Registrar will be entitled to correct clerical errors in the Register under clause 21, 
though if he does so otherwise than at the request of the person on whose application the 
geographical indication concerned was registered, he will have to notify that person and 
give him an opportunity to be heard. The Intellectual Property Tribunal will be entitled to 
rectify the Register under clause 22 by making, varying or deleting entries in it. Clause 23 
deals with the cancellation of the registration of geographical indications. The Registrar 
will have power to cancel any registration under clause 23( 1) if he is requested to do so by 
every person who was responsible for the registration of the indication concerned. The 
Tribunal will have power to cancel a registration on application by an interested party, if 
the Tribunal is satisfied that the geographical indication concerned was not capable of 
being registered. 
Part VI 
This Part deals generally with the Registrar's powers. Clause 24 will oblige the 
Registrar to afford interested parties a hearing before exercising any discretion that affects 
their interests adversely. Evidence in proceedings before the Registrar will normally be 
given by affidavit (clause 25), though he will have power to hear evidence on oath and will 
generally have the same powers in regard to the taking of evidence as commissioners 
under the Commissions of Inquiry Act [Chapter 10:07]. The Registrar will be able to 
award costs in proceedings before him under clause 26, subject to taxation by the registrar 
of the Intellectual Property Tribunal, and under clause 27 he will have a general power to 
fix the times and places at which he will hear matters and to adjourn proceedings as he 
thinks fit. Clause 28 will give him power to extend time-limits for things to be done under 
the Bill. Part VII IPlNll/ZWE/GI1 
Page 5 
The Intellectual Property Tribunal will hear appeals from decisions of the Registrar 
under the Bill (clause 29). An appeal will have to be lodged within two months after the 
appellant was notified of the decision that is the subject of the appeal (clause 30) and after 
hearing the parties the Tribunal will have power to confirm, vary or set aside the decision 
appealed against or to exercise any power that the Registrar could have exercised in the 
matter (clause 31). The Registrar will be able to refer cases to the Tribunal if he considers 
that they involve points of law or are unusually important or complex (clause 32). The 
Registrar will not be liable to pay the costs of other parties in any appeal or reference under 
the Bill (clause 33). Under clause 34, if the Tribunal or a court decides that a geographical 
indication has been validly registered it will be empowered to issue the person who 
secured its registration with a certificate to that effect. Anyone who subsequently brings 
legal proceedings challenging the validity of the indication's registration will risk having 
to pay all the defendant's costs if he fails to succeed in his challenge. 
Part VIII 
This Part will create several criminal offences. Under clause 35 it will be an offence 
knowingly to make false entries in the Register or to produce false evidence of entries in 
the Register, while under clause 36 the making of false statements to the Registrar or an 
officer of the Trade Marks Office with intent to deceive him will also be an offence. Per­
jury in evidence given in proceedings before the Registrar will also be an offence (clause 
37). 
Part IX 
Under clause 38, entries in the Register will be proof of their contents unless the 
contrary is proved, while clause 39 will enable the contents of such entries, as well as other 
matters, to be proved by documents signed by the Registrar. rp/N/1/ZWE/G/1 
Page 6 
Part X 
This Part deals with miscellaneous matters. Clause 40 will enable applications and 
other procedures under the Act to be undertaken by patent or trade mark agents on behalf of 
the interested persons concerned. Clause 41 will prescribe how documents are to be lodged 
with the Trade Marks Office or the Registrar, and will obviate the need for documents to be 
authenticated. Clause 42 will make the payment of a fee mandatory, where a fee is pre­
scribed, by providing that nothing will be done under the Act until the fee is paid. Under 
clause 43 the Minister of Justice, Legal and Parliamentary Affairs will have power to direct 
the Registrar to publish case reports and other material relating to geographical indications 
in the Patents Journal. Clause 44 will give the Minister power to make regulations dealing 
with matters such as forms to be used in applications and other proceedings under the Bill, 
the service of notices and documents, the conduct of business in the Trade Marks Office, 
and giving effect to international treaties to which Zimbabwe is a party. Clause 45 will 
preserve certain rights in regard to geographical indications. Thus the Bill will not prevent 
the use of ordinary names of products even if they could be construed as geographical 
indications (for example, use of the word "Panama" for a straw hat); nor will the Bill 
prevent persons using their own name in business, or using legitimate trade marks that 
were used or registered before the Bill comes into force as an Act. Clause 46 will make it 
clear that the Bill will not have the effect of limiting other laws that limit the use of geo­
graphical indications-for example, the law of fraud, passing off or unlawful competition. 
Finally, clause 47 will extend the application of rules and regulations made under the Trade 
Marks Act [Chapter 26:04] to cover matters under the Bill until such time as regulations 
are made under clause 44. GEOGRAPHICAL INDICATIONS BILL, 2001 
Section 
1. Short title. 
2. Interpretation. ARRANGEMENT OF SECTIONS 
PART I 
PRELIMINARY 
3. When geographical indication regarded as misleading. 
4. When geographical indication regarded as applied to product. 
PART II 
TRADE MARKS OFFICE, OFFICERS AND REGISTER IPfNllfZWEfGI1 
Page 7 
5. Functions of Trade Marks Office, Controller, registrars and other officers. 
6. Seal. 
7. Register of Geographical Indications. 
8. Inspection of Register and right to obtain copies of entries therein. 
PART III 
USE OF MISLEADING GEOGRAPHICAL INDICATIONS 
9. Prohibition against use of misleading geographical indications. 
10. Institution of proceedings regarding use of misleading geographical indication. 
11. Remedies available in proceedings regarding use of misleading geographical indica­
tion. 
12. Defences available in proceedings regarding use of misleading geographical indica-
tion. 
13. Presumptions where geographical indication is registered. 
14. Anton Piller orders. 
15. Remedy for groundless threats of proceedings regarding use of misleading geographi­
cal indication. 
PART IV 
REGISTRATION OF GEOGRAPHICAL INDICATIONS 
16. Persons entitled to apply for registration. 
17. Application for registration. 
18. Publication of application and opposition thereto. 
19. Registration. 
20. Effective date of registration. IPlNllIZWE/G/l 
Page 8 
PART V 
CORRECTION AND RECTIFICATION OF REGISTER AND CANCELLATION OF 
REGISTRATION 
21. Power of Registrar to authorise corrections. 
22. Rectification of Register. 
23. Cancellation of registration. 
PART VI 
POWERS OF REGISTRAR 
24. Exercise of discretionary powers of Registrar. 
25. Proceedings before Registrar. 
26. Registrar may award costs. 
27. Power of Registrar to fix time and place of sitting and to adjourn proceedings. 
28. Power of Registrar to extend time-limits. 
PART VII 
ApPEALS AND REFERENCES 
29. Appeals from decisions of Registrar. 
30. Time for appeals. 
31. Powers of Tribunal on appeal. 
32. References to Tribunal by Registrar. 
33. Costs of Registrar. 
34. Certification of validity of registration. 
PART VIII 
OFFENCES AND PENALTIES 
35. Falsification of certain documents. 
36. Deceiving or influencing Registrar or officer. 
37. Witness giving false evidence before Registrar. 
PART IX 
EVIDENCE 
38. Register to be evidence of entries therein. 
39. Evidence of certain entries and documents. PART X 
GENERAL 
40. Recognition of agents. 
41. Lodging and authentication of documents. 
42. Provisions as to fees. 
43. Publication of matters in Journal. 
44. Regulations. 
45. Saving of right to use certain descriptions, names or trade marks. IPlNllIZWE/GI1 
Page 9 
46. Act not to be construed as limiting other laws preventing misuse of geographical 
indications. 
47. Transitional provisions. IP/N/I/ZWE/G/1 
Page 10 
PRESENTED BY THE MINISTER OF JUSTICE, LEGAL AND PARLIAT'vIENTARY AFFAIRS 
BILL 
To provide for the protection and registration of geographical indications 
and to provide for matters connected therewith or incidental thereto. 
ENACTED by the President and the Parliament of Zimbabwe. 
PART I 
PRELIMINARY 
1 Short title and date of commencement 
This Act may be cited as the Geographical Indications Act [Clwpler 26:06J. 
2 Interpretation 
In this Act-
"area" includes a country, region, locality or place; 
"Controller" means the Controller of Patents, Trade Marks and Industrial Designs 
referred to in paragraph (a) of subsection (2) of section 3 of the Patents Act 
[Chapter 26:03]; 
"geographical indication" means an indication, however expressed, which identi­
fies a product as originating in a particular area, where some quality, reputa­
tion or other characteristic of the product is essentially attributable to its 
geographical origin; 
H.B. 17,2001] 
"Journal" means the Patents and Trade Marks Journal published in terms of sec­
tion 95 of the Patents Act [Chapter 26:03]; 
"Minister" means the Minister of Justice, Legal and Parliamentary Affairs or any 
other Minister to whom the President may, from time to time, assign the 
administration of this Act; 
"misleading geographical indication" means a geographical indication that is mis­
leading as described in section three; 
"package" means anything in or by which a product is covered, contained or packed; 
"product" means any natural or agricultural product or any product of handicraft 
or industry; fP/Nil IZWE/G/l 
Page 11 
"Register" means the Register of Geographical Indications kept at the Trade Marks 
Office in terms of section seven; 
"registered" means registered in the Register in terms of this Act: 
"Registrar" means-
(a) the Controller; or 
(b) a registrar referred to in subsection (3) of section five; or 
(c) an officer who is exercising a function which the Controller has 
directed, in terms of subsection (4) of section five, should be exercised 
by that officer; 
"sell" includes-
(a) to offer, advertise, keep, possess, expose, consign or deliver for sale; 
(b) to authorise, direct or allow a sale; 
(c) to barter, exchange, supply or dispose of for any consideration, direct 
or indirect; 
"Trade Marks Office" means the Trade Marks Office referred to in subsection (l) 
of section.fil'e; 
"Tribunal" means the Intellectual Property Tribunal established by section 3 of the 
Intellectual Property Tribunal Act [Chapter 26:06]. 
3 When geographical indication regarded as misleading 
( I) A geographical indication shall be regarded as misleading, when applied to or 
in relation to a product-
(a) if it suggests that the product originates in an area other than its true area of 
ongm; or 
(b) if it misleads the public as to the area of origin of the product; or 
(c) if its application to or in relation to the product constitutes unlawful compe­
tition; or 
(d) in the case of a wine or spirit, if the geographical indication is applied to a 
wine or spirit that does not originate in the area suggested by the indication, 
even if-
(i) the true origin of the wine or spirit is indicated; or 
(ii) the geographical indication is used in translation; or 
(iii) the geographical indication is accompanied by an expression such as 
"kind", "type", "style", "imitation" or the like. 
(2) A geographical indication may be misleading as provided in subsection (I) if 
it falsely represents to the public that the product originates in an area other than the prod-
uct's true area of origin, even if it is literally true as to the area in which the product origi­
nates. 
(3) For the purpose of determining whether a geographical indication-[PINIJ /ZWE/GIJ 
Page 12 
(a) suggests that a product originates in a particular area; or 
(b) misleads the public as to the area of origin of a product: 
regard shall be had to the general understanding of consumers or users of the product 
concerned where it has been, is being or is intended to be sold. 
4 When geographical indication regarded as applied to product 
For the purposes of this Act, a geographical indication shall he deemed to have been 
applied to a product if-
(a) the product or its package is marked with. contains or bears the geographical 
indication; or 
(b) the geographical indication is used in any advertisement for the product; or 
(c) the geographical indication is used in any other manner that indicates or 
suggests that the product originates in a particular area. 
PART II 
TRADE MARKS OFFICE, OFFICERS AND REGISTER 
5 Functions of Trade Marks Office, Controller, registrars and other 
officers 
(1) The Trade Marks Office established by subsection (I) of section 3 of the Trade 
Marks Act [Chapter 26:04] shall be responsible for registering geographical indications 
and for exercising all the other functions of the Trade Marks Office in terms of this Act. 
(2) The Controller shall exercise general supervision and direction of the Trade 
Marks Office in the exercise of its functions under this Act. 
(3) Every registrar of trade marks referred to in paragraph (a) of subsection (3) of 
section 3 of the Trade Marks Act [Chapter 26:04] shall have power, subject to the Control­
ler's general supervision and direction, to exercise the functions of the Registrar under this 
Act. 
(4) If the Controller so directs, an officer referred to in paragraph (b) of subsec­
tion (3) of section 3 of the Trade Marks Act [Chapter 26:04] shall have power, subject to 
the Controller's general supervision and direction, to exercise any function of the Registrar 
under this Act. 
6 Seal 
The seal of the Patent Office kept in terms of the Patents Act [Chapter 26:03] shall 
also be the seal of the Trade Marks Office for the purposes of this Act, and impressions 
thereof made for the purposes of this Act shall be judicially noticed. 
7 Register of Geographical Indications 
There shall be kept at the Trade Marks Office for the purposes of this Act a Register 
of Geographical Indications, in which shall be entered-[P/N!lIZWE/GIl 
Page 13 
(a) particulars of every registered geographical indication, including-
(i) the name and address of the person on whose application the indica­
tion was registered; and 
(ii) the effective date of registration of the indication: and 
(iii) the area which the indication identifies as the area of origin of the prod­
uct to which it relates; and 
(iv) each product to which the indication relates, and the quality, reputation 
or characteristic of the product that is attributable to its origin; 
and 
(b) everything which is required by or under this Act to be entered in the Regis­
ter; and 
(c) anything else relating to registered geographical indications that the Regis­
trar thinks necessary or desirable to enter in the Register. 
8 Inspection of Register and right to obtain copies of entries therein 
The Register shall be open to inspection by the public at all convenient time~ and a 
certified copy, sealed with the seal of the Patent Office, of any entry in the Register shall be 
given on payment of the prescribed fee to any person who requires it. 
PART 1II 
USE OF MISLEADING GEOGRAPHIC\L hDICATIOl\S 
9 Prohibition against use of misleading geographical indications 
(I) Subject to this Act, 110 person shall apply a misleading geographical indica­
tion to any product. 
(2) Subject to this Act, no person shall­
(a) sell any product: or 
(b) import any product for sale in Zimbabwe; or 
(c) export any product for sale outside Zimbabwe; or 
(d) manufacture any product for sale; 
if a misleading geographical indication is applied to the product. 
10 Institution of proceedings regarding use of misleading geographical 
indication 
( 1) In this section-
"interested person", in relation to the application or alleged application of a mis­
leading geographical indication to any product, includes-
(a) any person who sells, manufactures, imports or exports for sale­
(i) the same product or a substantially similar product; or 
(ii) any product to which the same or a substantially similar geo­
graphical indication is applied; I P/NI J/ZWE/GI 1 
Page 14 
or 
(h) any person who, in the course of business, consumes or uses a product 
referred to in subparagraph (i) or (ii) of paragraph (a): or 
(c) where the geographical indication concerned is registered, the person 
on whose application it was registered; or 
(d) any representative of a person referred to in paragraph (a), (b) or Cc). 
(2) Proceedings to prevent a contravention of section nine or for any other 
remedy arising out of such a contravention may be instituted by any interested person in-
(a) the Tribunal; or 
(b) the High Court; or 
(c) subject to the jurisdictional limits provided for in the Magistrates Court Act 
[Chapter 7: 10J, in a magistrates court. 
11 Remedies available in proceedings regarding use of misleading 
geographical indication 
(1) In proceedings referred to in section ten, an interested person shall be entitled 
to any appropriate remedy, whether interdict, damages, attachment or otherwise. that is 
available in respect of the infringement of any proprietary right. 
(2) If it is established, in proceedings referred to in section ten, that the defendant 
or respondent contravened section nine and the Tribunal or the courL having regard to-
(a) the flagrancy of the contravention; and 
(b) any benefit shown to have accrued to the defendant or respondent as a result 
of the contravention; and 
Cc) the need to deter the defendant or respondent and other persons from further 
such contraventions; 
is satisfied that effective relief would not otherwise be available 10 the plaintiff or appli­
cant, the Tribunal or the court, as the case may be, shall have power to a\vard such addi­
tional damages as it thinks fit. 
(3) If it is established, in proceedings refelTed to in section ten, that the defendant 
or respondent contravened section nine but that at the time of the contravention he was not 
aware and had no reasonable grounds for suspecting that he was not entitled to lIse or apply 
the geographical indication concerned in the manner he did, the plaintiff or applicant shall 
not be entitled under this section to any damages against the defendant or respondent in 
respect of that contravention. 
12 Defences available in proceedings regarding use of misleading 
geographical indication 
(1) If it is alleged, in proceedings referred to in section ten, that the defendant or 
respondent applied to any product a foreign geographical indication identifying any wine 
or spirit, it shall be a defence for him to establish that he used the geographical indication 
concerned in Zimbabwe continuously with regard to the same or a similar product-(a) for at least ten years before the 15th ApriL 1994: or 
Cb) in good faith before the 15th April, 1994. I PIN 11 IZWE/GII 
Page 15 
(2) In any proceedings referred to in section len relating to the application of a 
foreign geographical indication, it shall be a defence for the defendant or respondent to 
establish that the indication is not or has ceased to be protected in the foreign country 
concerned or has fallen into disuse in that country. 
(3) In any proceedings referred to in section ten it shall be a defence for the 
defendant or respondent to establish that he is entitled to lIse the geographical indication 
concerned by virtue of sectionfortyfil'e. 
(4) This section shall not be construed as limiting the defences that may be avail­
able to a defendant or respondent in proceedings referred to in section tell. 
13 Presumptions where geographical indication is registered 
In any proceedings refelTed to in section tell regarding the application of a registered 
geographical indication it shall be presumed, unless the contrary is proved that-
(a) the indication concerned is a geographical indication as defined in section 
(,VO; and 
(b) each product which is recorded in the Register in relation to the indication 
concerned has some quality, reputation or other characteristic that is essen­
tially attributable to its geographical origin. 
14 Anton Piller orders (Orders without notice) 
(1) If a person satisfies the Tribunal or a court that, prima facie-
(a) he has a cause of action against another person regarding a contravention of 
section nine and he intends to pursue that action; and 
(b) the other person has in his possession documents or other things of whatso­
ever nature which constitute evidence of great importance in substantiation 
of that cause of action; and 
(c) there is a real and well-founded apprehension that the documents or other 
things may be hidden, destroyed or rendered inaccessible before discovery 
can be mark in the usual way; 
the Tribunal or court, as the case may be, may make such order commonly known as Anum 
Pilfer order as it considers necessary or appropriate to secure the preservation of the docLl­
ments or things as evidence. 
(2) An order in terms of subsection (l) may be granted without notice to the per­
son who is allegedly in possession of the documents or other things to which the order 
relates, and the Tribunal or court may sit in camera for the purpose of hearing an applica­
tion for such an order: 
Provided that the Tribunal or Court shall not grant an order without such notice 
unless it is satisfied that there is a real possibility that the documents or things will be 
hidden, destroyed or rendered inaccessible if notice is given. I PIN/] IZ\VE/G/l 
Page 16 
(3) An order in terms of subsection (1) may be granted on such conditions. 
including the giving of security by the applicant. as the Tribunal or court may fix. 
(4) This section shall not be taken to limit any power a court may have under its 
ordinary jurisdiction to grant orders such as are referred to in this section. 
15 Remedy for groundless threats of proceedings regarding use of 
misleading geographical indication 
(1) Where any person, whether or not he is an interested person for the purposes 
of section ten, threatens another person with proceedings for a contravention of section 
nine. anyone who is aggrieved by the threat may bring proceedings against him in a court 
of competent jurisdiction for the relief referred to in subsection (2). 
(2) In proceedings brought by virtue of subsection (I), the plaintiff or applicant 
shall be entitled to anyone or more of the following remedies-
(a) a declaration to the effect that the threats are unjustifiable; 
(b) an interdict against any continuation of the threats; 
(c) such damages, if any, as he has sustained in consequence of the threats; 
unless the defendant or respondent proves that the acts in respect of which he threatened 
proceedings constitute or, if done, would constitute, a contravention of section 17i17e'. 
(3) The defendant or respondent in any proceedings brought in terms of subsec­
tion (1) may counter-claim for any relief to which he would be entitled in separate proceed­
ings in respect of any contravention of section l1;ne by the plaintiff or applicant. 
PART IV 
REGISTRATIOl\ OF GEOGRAPHICAL INDICATIONS 
16 Persons entitled to apply for registration 
An application for the registration of a geographical indication may be made by or on 
behalf of any ofthe following-
(a) a person who sells or who manufactures, imports or exports for sale a prod­
uct to which the geographical indication is applied or is to be applied; or 
(b) a person who, in the course of business, consumes or uses a product to which 
the geographical indication is applied or is to be applied; or 
(c) any organisation established to represent or further the interests of persons 
referred to in paragraph (a) or (b); 
and may be made by that person alone or jointly with anyone else. 
17 Application for registration 
(1) An application for the registration of a geographical indication shall­
(a) specify-
(i) the applicant'S name, address and nationality; and 
(ii) the geographical indication concerned; and IPIN/l/ZWE/G/I 
Page 17 
(iii) the product or products to which the geographical indication is to be 
applied; and 
(iv) the quality, reputation or characteristic of the product which is attribut­
able to its geographical origin; 
and 
Cb) contain such other particulars and information as may be prescribed; and 
(c) be accompanied by the prescribed fee. 
(2) An application for the registration of a geographical indication shall be lodged 
at the Trade Marks Office in the prescribed manner. 
(3) If an application does not comply substantially with anyone or more of the 
requirements of subsection (1), the Registrar shall invite the applicant to correct it \vithin 
t\NO months and, if the applicant fails to do so, the application shall be deemed not to have 
been lodged in terms of this section. 
(4) Subject to subsection (3), the Registrar shall accept an application lodged with 
him in terms of subsection (2) if he is satisfied, prima.!c/(:ie-
(a) that the applicant is entitled to lodge the application; and 
Cb) that the indication sought to be registered is a geographical indication as 
defined in section tH/O; and 
(c) that the application of the geographical indication concerned to the product 
specified in the application will not be contrary to public order or morality: 
and 
(d) where the application is for the registration of a foreign geographical indica­
tion, that it is protected in the foreign country concerned and has not fallen 
into disllse in that country; 
and, if he is not so satisfied, he shall reject the application. 
CS) At any time before or after acceptance of an application under subsection (4), 
the Registrar may-
Ca) correct any error in or in connection with the application; or 
(b) permit the applicant to amend his application upon such terms as the ReQ:is­
trar thinks fit: 
Provided that the Registrar shall not permit an amendment which 
substantially affects the identity of the geographical indication concerned or 
any product to which it is to be applied. 
(6) An appeal shall lie against-
Ca) a decision by the Registrar under subsection (3) that an application does not 
comply substantially with any requirement of subsection (I); or 
Cb) a rejection of an application by the Registrar in terms of subsection (4); or 
Cc) a refusal by the Registrar to permit an amendment of an application under 
subsection (5). JP/Nil /ZWE/G/l 
Page 18 
18 Publication of application and opposition thereto 
(l) As soon as practicable after an application for the registration Qf a geographi­
cal indication has been accepted, the applicant shall advertise in the prescribed manner the 
application as accepted, and the advertisement shall set forth any conditions and limita­
tions subject to which the application has been accepted: 
Provided that in exceptional circumstances the Registrar may direct that an appli­
cation shall be advertised before acceptance and, where an application has been so adver­
tised, the Registrar may direct that it shall be advertised again when it has been accepted. 
(2) Any person may, within two months from the date on which an application 
was advertised in terms of subsection (1), notify the Registrar that he opposes the registra­
tion of the geographical indication concerned on anyone or more ofthe following grounds-
(a) that the applicant is not entitled to lodge the application; 
(b) that the application does not comply with the requirements of subsection (1) 
of section sel'enfeen; 
(C) that the indication sought to be registered is not a geographical indication as 
defined in section two; 
(d) that the application of the geographical indication concerned to the product 
specified in the application would be contrary to public order or morality; 
(e) where the application is for the registration of a foreign geographical indica­
tion, that it is not or has ceased to be protected in the foreign country con­
cerned or has fallen into disuse in that country. 
(3) A notice of opposition in terms of subsection (2) shall­
(a) be given in writing in the prescribed manner; and 
(b) include a statement of the grounds of opposition. 
(4) The Registrar shall send a copy of any notice of opposition in terms of subsec­
tion (2) to the applicant and, within the prescribed time after its receipt, the applicant may 
send the Registrar in the prescribed manner a counter-statement of the grounds on which 
he relies for his application. 
(5) 
(a) 
(b) If an applicant-
does not send the Registrar a counter-statement in terms of subsection (4) 
after being sent a copy of a notice in terms of that subsection, he shall be 
deemed to have abandoned his application; 
sends the Registrur a counter-statement in terms of subsection (4). the Reg-
~ . ~ 
istrar-
(i) shall furnish a copy of it to every person who gave notice of opposi­
tion; and 
(ii) after considering the evidence and hearing any representations or 
argument the parties may wish to make, shall decide whether registra­
tion is to be permitted and, if it is, with what amendments, modifica­
tions, conditions or limitations it is to be permitted. 
(6) An appeal shall lie from any decision of the Registrar under this section. IPINI1/ZWE/GI1 
Page 19 
(7) At the hearing of an appeal under this section, any party may, either in the 
manner prescribed or by special leave of the Tribunal, bring forward further material for 
the Tribunal's consideration. 
(8) In an appeal under this section, no further grounds of objectiOIl to the registra­
tion of the geographical indication concerned shall be allowed to be taken by the opponent 
or the Registrar, other than those stated in terms of this section by the opponent, except by 
leave of the Tribunal and, where any further grounds of objection are taken, the applicant 
shall be entitled to withdraw his application on giving the prescribed notice, without pay­
ment of the opponent's costs. 
19 Registration 
(1) If-
Ca) no notice of opposition is lodged in terms of subsection (2) of section eight­
een in respect of an application for registration of a geographical indication; 
or 
Cb) the Registrar has decided, in terms of subparagraph (ii) of paragraph (b) of 
subsection (5) of section eighteen, that registration of a geographical indica­
tion is to be permitted, and no appeal has been lodged against that decision; 
or 
(c) the Tribunal, on an appeal against a decision of the Registrar in terms of 
section eighteen, directs that a geographical indication should be registered; 
the Registrar shall, subject to this section, register the geographical indication concerned. 
(2) When registering a geographical indication, the Registrar may impose such 
conditions on its registration as, in his opinion, are necessary to protect the rights of the 
proprietor of any trade mark that was registered or used in good faith-
(a) before the date of the publication of this Act; or 
(b) in the case of a foreign geographical indication, before it was protected in 
the foreign country concerned. 
(3) When registering as a geographical indication a name or word which, when 
written or uttered, has two or more meanings, the Registrar shall impose such conditions 
on its registration as, in his opinion, are necessary to ensure-
Ca) that the various meanings are differentiated from each other; and 
(b) that the public is not misled; and 
(c) where two or more of the meanings refer to different geographical areas, that 
all producers concerned are treated equitably. 
(4) The Registrar shall cause notification of the registration of a geographicai 
indication to be published in the Journal. 
20 Effective date of registration 
(1) Subject to subsection (2), the effective date of registration of a geographical 
indication shall be the date on which the application for its registration was lodged with the 
Trade Marks Office in terms of section seventeen. JP/N/l/ZWE/G/l 
Page 20 
(2) If an application for the registration of a geographical indication, when ini­
tially lodged at the Trade Marks Office, does not contain sufficiem particulars to identify 
the applicant and that defect is corrected within the two-month period specified in subsec­
tion (3) of section seventeen, the effective date of registration of the geographical indica­
tion shall be the date on which the corrections were lodged with the Trade Marks Office. 
PARTY 
CORRECTION AND RECTIFICATION OF REGISTER AND CANCELLATION OF 
REGISTRATION 
21 Power of Registrar to authorise corrections 
(1) The Registrar may authorise the correction of any clerical or similar error in 
the Register. 
(2) The Registrar may authorise a correction in terms of subsection (1) either on 
his own initiative or upon a written request made by any interested person and accompa­
nied by the prescribed fee. 
(3) Where it is proposed to make a correction otherwise than upon the request of 
the person on whose application the geographical indication concerned was registered, the 
Registrar shall give notice of the proposal to that person and to any other person who 
appears to him to be concerned, and shall give every such person an opportunity to be 
heard before the correction is made. 
22 Rectification of Register 
(1) On the application of any aggrieved person, the Tribunal may order the Regis­
ter to be rectified by the making or alteration of any entry in it or the deletion of any entry 
from it. 
(2) The Tribunal may determine any question which may be necessary or expedi­
ent to determine in connection with the rectification of the Register. 
(3) Notice of any application to the Tribunal in terms of subsection (1) shall be 
given in the prescribed manner to the Registrar and to any other person appearing from the 
Register to be interested in the geographical indication concerned, and the Registrar and 
any such person shall be entitled to appear and be heard in the application. 
(4) A notice of any order made by the Tribunal under this section shall be served 
on the Registrar and, on receipt of the notice, the Registrar shall rectify the Register 
accordingl y. 
23 Cancellation of registration 
(1) Upon a request being made in the prescribed manner by all the persons on 
whose application a geographical indication was registered, the Registrar may cancel the 
registration of the indication. [PINIl /ZWE/G/I 
Page 21 
(2) At any time after a geographical indication has been registered, any interested 
person may apply to the Tribunal for the registration of the indication to be cancelled on the 
ground that, on the effective date of its registration, the geographical indication was not 
capable of being registered, and the Tribunal may make such order on the application as it 
thinks appropriate. 
(3) Notice of any application to the Tribunal in terms of subsection (2) shall be 
given in the prescribed manner to the Registrar and to any other person appearing from the 
Register to be interested in the geographical indication concerned, and the Registrar and 
any such person shall be entitled to appear and be heard in the application. 
(4) Notice of any order made by the Tribunal under this section shall be served on 
the Registrar and, on receipt of the notice, the Registrar shall amend the Register accord­
ingly. 
(5) Where the registration of a geographical indication is cancelled by virtue of 
an order under subsection (2) the indication shall be regarded as never having been regis­
tered. 
PART VI 
POWERS OF REGISTRAR 
24 Exercise of discretionary powers of Registrar 
Without prejudice to any provision of this Act requiring the Registrar to hear any 
party to any proceedings or to give any such party an opportunity to be heard, the Registrar 
shall not exercise any discretionary power given to him under this Act in a manner which 
adversely affects the rights of any person unless he has given that person a reasonable 
opportunity to make representations in the matter, either personally or by his agent. 
25 Proceedings before Registrar 
(1) Evidence in any proceedings before the Registrar under this Act shall be given 
by affidavit: 
Provided that the Registrar may take oral evidence on oath in lieu of or in addition 
to evidence by affidavit and may allow any witness to be cross-examined on his affidavit or 
oral evidence. 
(2) For the purposes of any proceedings before the Registrar under this Act, the 
Registrar shall have the same powers, rights and privileges as are conferred upon a com­
missioner by the Commissions of Inquiry Act [Chapter 10:07], other than the power to 
order a person to be detained in custody, and sections 9 to 13 and 15 to 19 of that Act shall 
apply, mutatis mutandis, in relation to the hearing and determination of any matter before 
the Registrar under this Act and to any person summoned to give evidence or giving evi­
dence before him. 
26 Registrar may award costs 
(1) In any proceedings before the Registrar under this Act, the Registrar may award 
any party such costs as he considers reasonable and may direct how and by what parties 
they are to be paid. lPiN/l/ZWE/G/l 
Page 22 
(2) Any costs awarded by the Registrar in terms of subsection (1) shall be taxed 
by the registrar of the Tribunal, and payment thereof may be enforced in the same way as if 
they were costs allowed by the Tribunal. 
27 Power of Registrar to fix time and place of sitting and to adjourn 
proceedings 
In any proceedings before him under this Act, the Registrar may decide the hours, 
times and places at which he will sit and may adjourn the proceedings for such time and to 
such place as he may think fit. 
28 Power of Registrar to extend time-limits 
(1) The Registrar may extend the time for doing anything under this Act, upon 
due notice to the parties concerned and on such terms and conditions as he may think fit to 
Impose. 
(2) The Registrar may grant an extension under subsection (1) even though the 
time for doing the thing concerned has already expired. 
PART VII 
ApPEALS AND REFERENCES 
29 Appeals from decisions of Registrar 
Where this Act provides for an appeal against a decision of the Registrar, the appeal 
shall be made to the Tribunal in accordance with this Part and the Intellectual Property 
Tribunal Act [Chapter 26:06]. 
30 Time for appeals 
An appeal referred to in section twenty-nine shall be lodged with the Tribunal within 
two months after the appellant was notified of the decision or order against which the 
appeal is brought or within such further time as the Tribunal may for good cause allow. 
31 Powers of Tribunal on appeal 
Without derogation from section 8 of the Intellectual Property Tribunal Act [Chapte r 
26:06], in any appeal under this Act the Tribunal may-
(a) confirm, set aside or vary the order or decision against which the appeal is 
brought; 
(b) exercise any of the powers which could have been exercised by the Registrar 
in the proceedings in connection with which the appeal is brought. 
32 References to Tribunal by Registrar 
(1) If it appears to the Registrar that any matter to be decided by him under this 
Act involves a point of law or is unusually important or complex, he may, after giving 
notice to the parties, refer the matter to the Tribunal for decision, and thereafter in relation 
to that matter he shall act in accordance with the decision of the Tribunal or any decision 
substituted therefor on appeal to the Supreme Court. I PIN 11 IZWE/GI1 
Page 23 
(2) Where a matter has been referred to the Tribunal in terms of subsection (I), 
the Registrar and the parties shall be entitled to be heard by and appear before the Tribunal 
before any decision is made in the matter. 
33 Costs of Registrar 
In any proceedings before the Tribunal under this Act, the costs of the Registrar shall 
be in the discretion of the Tribunal, but the Registrar shall not be ordered to pay the costs of 
any of the other parties. 
34 Certification of validity of registration 
(I) If the validity of the registration of a geographical indication is contested in 
any legal proceedings and the proceedings are decided in favour of the person on whose 
application the indication was registered, or his successor in title, the Tribunal or the court 
concerned may issue a certificate to that effect. 
(2) Where a person has been issued with a certificate in terms of subsection (I) 
and he obtains a final judgment or order in any subsequent legal proceedings in which the 
validity of the registration of the same geographical indication is contested, he shall be 
entitled to his full costs and expenses as between legal practitioner and client, unless in 
those subsequent proceedings the Tribunal or court concerned directs that he ought not to 
have them. 
PART VIII 
OFFENCES AND PENALTIES 
35 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 produced 
or tendered in evidence, any document falsely purporting to be a copy of an 
entry in the Register, knowing the document to be false; 
shall be guilty of an offence and liable to a fine not exceeding twenty thousand dollars or tc? 
imprisonment for a period not exceeding two years or to both such fine and such imprison­
ment. 
36 Deceiving or influencing Registrar or officer 
(1) Any person who, for the purpose of-
Ca) deceiving the Registrar or any other officer of the Trade Marks Office in the 
execution of his functions under this Act; or 
Cb) procuring or influencing the doing or omission of anything in relation to this 
Act; 
makes or submits a false statement or representation, whether orally or in writing, knowing 
the statement or representation to be false, shall be guilty of an offence and liable to a fine 
not exceeding twenty thousand dollars or to imprisonment for a period not exceeding two 
years or to both such fine and such imprisonment. IP/N/1/ZWE/GIl 
Page 24 
(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 omis­
sion of anything in relation to this Act and who, on becoming aware that the statement or 
representation was false, fails to advise the Registrar forthwith of its falsity, shall be guilty 
of an offence and liable to a fine not exceeding two thousand dollars or to imprisonment for 
a period not exceeding three months or to both such fine and such imprisonment. 
37 Witness giving false evidence before Registrar 
Any person who, after having been sworn, wilfully gives false evidence before the 
Registrar concerning the subject-matter of the proceedings in question, knowing his evi­
dence 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 twenty thousand dollars or to imprisonment for a period not 
exceeding two years or to both such fine and such imprisonment. 
PART IX 
EVIDENCE 
38 Register to be evidence of entries therein 
The Register shall be prima facie evidence of anything that is required or permitted 
by or under this Act to be entered in it. 
39 Evidence of certain entries and documents 
(l) In any proceedings before the Tribunal or any court, a document purporting to 
be a copy of an entry in the Register provided in terms of section eight shall be admissible 
on its production by any person as primafacie evidence of the entry having been made and 
of its contents. 
(2) In any proceedings before the Tribunal or any court, a document purporting to 
be a statement by the Registrar, certified with the seal of the Patent Office and giving 
particulars of-
(a) any proceedings before him in terms of this Act; or 
(b) the grounds for any decision or order given or made by him in terms of this 
Act; or 
(c) the practice of the Trade Marks Office; or 
(d) any document kept in the Trade Marks Office; or 
(e) any other matter which is within his knowledge as Registrar; 
shall be admissible on its production by any person as prima facie evidence of the facts 
stated in the document. PART X 
GENERAL 
40 Recognition of agents !PINI1!Z\VE/G/I 
Page 25 
Where by this Act anything is to be done by or to any person in connection with the 
registration of a geographical indication, it may be done by or to that person's duly author­
ised agent, where the agent is-
(a) a legal practitioner; or 
(b) registered as a patent agent in the Register of Patent Agents kept in terms of 
the Patents Act; or 
(c) registered as a trade mark agent in the Register of Trade Mark Agents kept in 
terms of the Trade Marks Act [Chapter 26:04]. 
41 Lodging and authentication of documents 
(1) Any application, notice or document which, under this Act is required or per­
mitted to be lodged, made or given at the Trade Marks Office or to the Registrar or to any 
other person, may be delivered by hand or sent by registered post. 
(2) No authentication shall be required in respect of any document lodged in the 
Trade Marks Office under this Act or used in proceedings before the Registrar or the Tribu­
nal. 
42 Provisions as to fees 
(1) Where, under this Act, a fee is payable in respect of-
(a) the doing of anything by the Registrar, the Registrar shall not do that thing 
until the fee has been paid; 
(b) the doing of anything by any person other than the Registrar, the thing shall 
be deemed not to have been done until the fee has been paid; 
(c) the lodging of a document, the document shall be deemed not to have been 
lodged until the fee has been paid. 
(2) All fees shall be paid at the Trade Marks Office in such manner as the Regis­
trar, with the approval of the Minister, may accept. 
43 Publication of matters in Journal 
The Minister may direct the Registrar to publish in the Journal any reports of cases 
on geographical indications and other relevant matters that the Minister thinks desirable. 
44 Regulations 
(1) The Minister may make regulations prescribing anything which under this 
Act is required or permitted to be prescribed or which, in his opinion, is necessary or 
convenient to be prescribed for carrying out or giving effect to this Act or for its better 
administration. fP/N/l/ZWE/GIl 
Page 26 
(2) Regulations made in terms of subsection (1) may provide for-
(a) the form of applications for the registration of geographical indications and 
the form of any copies and drawings and other documents that may be lodged 
at the Trade Marks Office; , 
(b) the number of copies of any article or document to be lodged at the Trade 
Marks Office; 
(c) the procedure to be followed in connection with any application or request 
to the Registrar and in any proceedings before him, including the condoning 
of procedural irregularities; 
(d) the service of notices and other documents in connection with proceedings 
under this Act; 
(e) fees payable in respect of any application, registration or other matter under 
this Act; 
(f) the conduct of the business of the Trade Marks Office; 
(g) the provision of services by the Trade Marks Office, including the provision 
of information regarding geographical indications, and the fees and charges 
payable for such services; 
(h) giving effect to any international treaty or agreement which relates to geo­
graphical indications and to which Zimbabwe is a party. 
45 Saving of right to use certain descriptions, names or trade marks 
(l) Nothing in this Act shall prevent the application to any product of a descrip­
tion or name which is customarily applied to that product in common parlance in Zimbabwe, 
even if the description or name is identical to a geographical indication applied elsewhere 
to that product. 
(2) Nothing in this Act shall limit the right of any person, in the course of busi­
ness, to use his name or the name of his predecessor in business, unles,> his use of that name 
is likely to mislead the public. 
(3) Nothing in this Act shall prevent-
(a) the registration under the Trade Marks Act [Chapter 26:04] of a mark that is 
identical or similar to a geographical indication, where the application for 
the mark's registration was made in good faith before the date of publication 
of this Act or before the geographical indication was protected in its country 
of origin; or 
(b) the use of a trade mark that is identical or similar to a geographical indica­
tion, where-
(i) the mark was registered in good faith under the Trade Marks Act [Chap­
ter 26:04] before the date of publication of this Act, or before the geo­
graphical indication was protected in its country of origin; or 
(ii) the person who uses the mark acquired the right to do so through use in 
good faith before the date of publication of this Act, or before the geo­
graphical indication was protected in its country of origin. IP/NIJ /ZWE/GIJ 
Page 27 
46 Act not to be construed as limiting other laws preventing misuse of 
geographical indications 
This Act shall not be construed as limiting any other law which prohibits or restricts 
the application or use of misleading geographical indications, in particular-
(a) the crime of fraud; and 
Cb) the delicts of passing off and unlawful competition; and 
Cc) any enactment relating to the labelling or sale of any product. 
47 Transitional provisions 
Any regulations or rules which, on the date of publication of this Act, are in force 
under the Trade Marks Act [Chapter 26:04] shall apply, mutatis mutandis, in respect of 
applications, references, appeals, proceedings and other matters in terms of this Act, until 
regulations dealing with those matters are published in terms of sectionfortyJour.