WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
Intellectual Property Rights IPINIVZWE/C/2 
IPlNllIZWElIll 
13 February 2002 
(02-0740) 
Original: English/ 
anglais/ 
ingIes 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
ZIMBABWE 
The present document reproduces the text] of the Intellectual Property Tribunal Act, as 
notified by Zimbabwe under Article 63.2 oHhe Agreement (see document IP/N/1/ZWE/2). 
O:mseil des aspects des droits de propriete 
inteHectueHe qui touchent au commerce 
PRINCIP ALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE VARTICLE 63:2 DE VACCORD 
ZIMBABWE 
Le present document contient Ie texte1 de la Loi sur Ie Tribunal de la propriete intellectuelle, 
notifiee par Ie Zimbabwe au titre de l'article 63:2 de l'Accord (voir Ie document IP/N/lIZWE/2). 
Conscjo £Ie los Aspectos de los Dercchos de Propicdad 
Intelectual reladonados con ei Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL pARRAFO 2 DEL ARTiCULO 63 DEL ACUERDO 
ZIMBABWE 
En el presente documento se reproduce ei texto1 de la Ley del Tribunal de ia Propiedad 
Intelectual. notificado por Zimbabwe de conformidad con 10 dispuesto en el panafo 2 del articulo 63 
del Acuerdo (vease el documento IP/N/1/ZWE/2). 
I In English only'/En anglais seulement.!En ingles solamente. lIZWEiCi2 
IP iN/ 1iZWEiI/ 1 
Page 2 
INTELLECTUAL PROPERTY TRIBUNAL ACT [CHAPTER 26:08] 
ARRANGEMENT OF SECTIONS 
PARTl 
PR ELlf'vlIi\;\RY 
Secrjon 
I. Short title and date of commencement. 
') Interpretation. 
PART II 
ESTABUSHi\JENT ,\ND COi\WOSITION OF I;-";TELLECTLi.·~L PROPERTY TRIBUNAL 
3. Establishment Llnd nature of Intellectual Property Tribunal. 
4. Composition of TribunaL 
5. Exercise of jurisdiction of Tribunal. 
6. Assessors. 
PART III 
JURISDICTION AND POWERS OF TRIBUNAL 
7. Jurisdiction of Tribunal. 
8. Powers of Tribunal. 
9. Costs. 
PART IV 
PROCEDURE r\i\D EVIDENCE 
10. Proceedings to be in public. , 
1 I. Represcntation of panics. 
12: Procedure of Tribunal: power to make rules. 
J 3. Evidence. 
PART V 
REGISTRAR OF Trwll;N,\L :\ND RECORD OF PROCEEDI0!GS 
1-1.. Registrar of Tribunal and other officers. 
1 S. Record or pruceedings or Tribunal. 
PART VI 
ApPE,\LS 
16. Appeals to Supreme Court from decisiun of Tribunal. 
17. Puwers of Supreme on appeaL IP/N/l/ZWE/C/2 
IP/N/} 1 
Page 3 
PART VII 
GENERAL 
18. Times'and places of sitting of Tribunal. 
19. Evidence of decisions of Tribunal. 
20. Witness failing to attend Tribunal or to be sworn or give evidence. 
21. Witness giving false evidence. 
22. Transitional provisions. fP/N/l/ZvVE/C/2 
IP/N/J /ZWEIIIl 
Page 4 
ZIMBABWE 
ACT 
To provide for the establishment, functions and powers of the Intellectual 
Property Tribunal and to provide for matters connected therewith or 
incidental thereto, 
ENACTED by the President and the Parliament of Zimbabwe. 
PARTl 
PRELIMINARY 
1 Short title and date of commencement 
(1) This Act may be cited as the Intellectual Property Tribunal Act [Chapter 26:08J, 
(2) This Act shall come into operation on a date to be fixed by the President by 
statutory instrument. 
2 Interpretation 
In this Act-
"appropriate enactment" means-
(a) the Industrial Designs Act f Chapter 26,'02], in relation to any matter 
before the Tribunal or the Supreme Court in tenns of that Act; 
(b) the Patents Act [Chapter 26:03], in relation to any matter before the 
Tribunal or the Supreme Court in terms of that Act; 
(c) the Trade Marks Act [Chapter 26:04], in relation to any matter before 
the Tribunal or the Supreme Court in terms of that Act; 
(d) the Copyright and Neighbouring Rights Act [Chapter 26:05], in rela-
tion to any matter before the Tribunal or the Supreme Court in terms of 
that Act: 
(e) the Geographical Indications Act [ChujJter 26:06), in relation to any 
matter before the Tribunal or the Supreme Court in terms of that Act~ IP/Nil IZWE/C/2 
IP/N/1/ZWElIIl 
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(n the Integrated Circuit LayoLlt-Designs Act I Chapter 26:07J. in relation 
to any matter before the Tribunal or the Supreme Court in terms of that 
Act: 
"'assessor" means an assessor appointed in terms of section six: 
"'Minister"' means the Minister of Justice. Legal aild Parliamentary Affairs or any 
other Minister to whom the President may. from time to time. assign the 
administration of this Act: 
"President of the Tribunal" means a President of the Tribunal appointed in terms 
of section.f(JUr: 
"'Registrar" 111eans the Registrar of the TJ:ihllnal referred to in section.f(mrtecll: 
"'Tribunal" means the Intellectual Property Tribunal estahlished by section (hi·cc. 
PART II 
ESTr\BLlSH\!/:,,,<T ,\:\D COi\lPOSIT!O" Of' I"TELLECTUr\L PROPERTY TRIBUNAL 
3 Establishment and nature of Intellectual Property Tribunal 
(1) There js hereby established a tribunal, to be known as the Intellectual Prop­
erty Tribunal, for the purpose of hearing and determining references, applications, ap­
peals and other matters in terms of the Industrial Designs Act [Choprer 26:02 j, the Pat­
ents Act l Chapter 26:03]. the Trade Marks Act [Chapter 26:04J, the Copyright and Neigh­
bouring Rights Act r Chapter 26:05], the Geographical Indications Act l C/wpter 26:06 J 
oj' the Integrated Circuit Layout-Designs Act [Chapter 26:'(7). 
(2) The Tribunal shall be a court of record. 
4 Composition of Tribunal 
( I) The Tribun;:d shall be presided over by-
(a) a Senior President who shall be a person appointed, subject ~o subsection 
(3), as President of the Tribunal in terms of subsection (1) of section 92 of 
the Constitution; or 
(b) a President of the Tribunal appointed, subject to subsection (3), in terms of 
subsection ( I) of section 92 of the Constitution. 
(2) A person referred to in subsection (1) shall be appointed on such terms and 
conditions. Including terms and conditions relating to the payment of salary, allowances 
,1l1c1 pension benefits as the President. on the recommendation of the Judicial Service Com­
miSSIun may fix. 
(i) A person shall·not be qualified for appointment as a President of the Tribunal 
unless he is qualified to be appointed as a judge of the High Court. 
5 Exercise of jurisdiction of Tribunal 
The Tribunal's jurisdiction may be exercised by a President or Presideilts of the Tri­
buned sitting with one or more assessors appointed in terms of section six. 
6 Assessors 
(1) Subject to this section. a President or Presidents of the Tribunal may appoint 
two persons from the appropriate list of persons referred to in subsection (2) to assist as 
assessors in determining any matter that is required to be determined in any case before the 
Tribunal. fP/N/lIZWE/C/2 
IP /N/]/ZWE/I/l 
Page 6 
(2) With the approvaJ of the Chief Justice, the Senior President of the Tribunal 
shall draw up a list of the names of not fewer than ten persons \\'ho have knowledge or 
experience in intellectual property issues to act as assessors and who are otherwise suitable 
for appointment as such. 
(3) The Presidents of the Tribunal may-
(a) draw up different lists in terms of subsection (2) for different classes of cases; 
(b) with the'approval of the Chief Justice, amend any list drawn up in terms of 
subsection (2). 
(4) Before an assessor enters upon his duties for the first time, he shall take an 
oath before a President of the Tribunal that he will faithfully perform his duties as a mem­
ber of the Tribunal. 
(5) An assessor appointed in terms of subsection (I) shall act in an advisory ca­
pacity only and shall not be entitled to a vote in the decision of the Tribunal. 
(6) An assessor who is not a person in the full-time employment of the State shall 
be paid such remuneration and allowances as the Minister, with the consent of the Minister 
responsible for finance, may fix. 
PART III 
JURISDICTION Ai\l) POWERS Of' TRIBUNAL 
7 Jurisdiction of Tribunal 
( I) Subject to this Act and the appropriate enactment, the Tribunal shall have 
jurisdiction to hear and determine-
(a) any reference, application, uppeal or other matter in terms of the Industrial 
Designs Act [Chopt!:'r 26:02]. the Patents Act r Choprer 26:03]. the Trade 
Marks Act l Choprer 26:04], the Copyright and Neighbouring Rights Act 
[Choprer 26:051, the Geographical Indications Act [Chapter 26:06] or the 
Integrated Circuit LayoLlt-Designs Act [Chapter 26:071; and 
(b) any matter that is brought before it as an additional or alternative claim in a 
matter referred to in paragraph (a) and arises out of substantially the same 
cause of action or conduct; and 
(c) any matter that arises incidentally out of a matter referred to in paragraph (a). 
(2) The Tribunal shall have no jurisdiction to try any criminal case. 
8 Powers of Tribunal 
(I) In determining the matters referred to in section se\'en. the Tribunal may 
exercise-
(a) subject to this Act and the appropriate enactment. all the powers that the 
High Court may exercise in a civil case: and 
(b) any additional power conferred upon the Tribunal by or under an Act 
referred to in paragraph (a) of subsection ( I) of section se\'!:'I1. 
(2) Without derogation from the generality of subsection (I), the Tribunal shall 
have the same power as the High Court to make orders-
(a) requiring any party to give security for costs; 
(b)· for the purpose of securing the attendance of any person before it: 
(c) for the discovery or production of any document; (d) for the investigation and punishment of any contempt; IP/N/I/ZWEIC/2 
[P/N/!!ZWEIIIl 
PD':;f: 7 
(e) for the enforcement of its orders, whether by way of execution, attachment 
or otherwise. 
(3) Subject to the appropriate enactment, the Tribunal may-
(a) in an appeal or review, confirm, vary, reverse or set aside the decision, order 
or action concerned or refer the matter back to the person or authority con­
cerned for further consideration; or 
(b) in any matter, make such determination or order as may be provided for in 
the appropriate enactment. 
9 Costs 
(1) Except as otherwise provided in the appropriate enactment, the Tribunal may 
make such order as to costs as it considers just. 
(2) The costs in connection with any proceedings before the Tribunal shall be 
payable in accordance with-
(a) such scale of costs as may be prescribed in rules made in terms of section 
{.Fe!ve; or 
(b) where there is no scale such as is referred to in paragraph (a), the scale of 
costs for the time being in use in the High Court in civil cases. 
(3) Any costs awarded in terms of subsection (I) shall be liable to be taxed by the 
Registrar, and any such taxation shall be subject to review by the President of the Tribunal 
at the instance of any interested party. 
PART IV 
PRC.JCEDURE AND EVIDENCE 
1 o Proceedings to be in public 
Subject to subsection (12) of section 18 of the Constitution and except as provided in 
rules made in terms of section tl'VerVe, the proceedings of the Tribunal shall be conducted in 
public. 
11 Representation of parties 
(I) At any hearing before the Tribunal, any party may appear in person or be 
represented by a legal pmctitioner. 
(2) In any matter in which-
(a) the Controller of Patents, Trade Marks and Industrial Designs referred to in 
section 3 of the Patents Act I Ciwpter 26:03]: or 
(b) the Controller of Copyright referred to in section 89 of the Copyright and 
Neighbouring Rights Act [ChapTer 26:05]: 
is required or permitted to appear before the Tribunal, he may appear in person or be 
represented by-
(a) a registrar or other officer employed in his office; or 
(b) a legal practi tioner. 
12 Procedure of Tribuna!: power to make rules 
( 1) Subject to this section, the Presidents of the Tribunal may make rules for the 
Tribunal providing for-
(a) the practice, procedure and rules of evidence to be followed, including the 
determination of any preliminary point in any proceedings; INN! I IZWE/CI2 
IP/N/1/Z\VEIIIl 
Page 8 
(b) the service of notices and other documents required for the purpose of any 
proceedings; 
(c) security for costs to be given by parties who reside outside Zimbabwe; 
(d) forms to be Llsed for the purpose of any proceedings; 
(e) fees to be paid in respect of-
(i) the making of any reference or application or the noting of any appeal 
to the Tribunal; and 
(ii) the service and exaniination of documents and the dOing of any other 
thing by the Registrar or any officer of the Tribunal in connection with 
any proceedings; 
(n a tariff of fees which may be charged by legal practitioners in respect of any 
matter relating to the Tribunal; 
(g) fees and allowances payable to assessors; 
(h) allowances and other payments to witnesses summoned to give evidence or 
to produce any book or document in any proceedings; 
0) the condonation of non-compliance with the rules; 
(j) any other matter whatsoever which the President or Presidents consider should 
be provided for in rules in order to ensure or facilitate the proper dispatch 
and conduct of the Tribunal's business. 
(2) In any matter not covered by rules made in terms of subsection (1) or by any 
other enactment---
(a) the rules relating to practice and procedure in the High Court in civil cases 
shall apply, where appropriate; or 
(b) if the rules referred to in paragraph (a) cannot be applied appropriately, the 
Tribunal shall act in such manner and on such principles as it considers best 
fitted to do substantial justice and to effect and carry out the objects and 
provisions of this Act and the appropriate Act, and for that purpose may give 
the parties to the proceedings instructions on the course to be pursued. 
(3) Rules made in terms of subsection (I) shall not have effect until they have 
been approved by the Chief Justice and the I'v1inister and published in a statutory instrument. 
13 Evidence 
Subject to the appropriate enactment and any rules made in terms of section twe!l'e, 
in any proceedings before it the Tribunal may accept evidence by affidavit or take oral 
evidence and allow any witness to be cross-examined on his affidavit or 6ral evidence. 
pARTY 
Ri::GISTRAR OF TRIBU1\AL AND RECORD OF PROCEEDINGS 
14 Registrar of Tribunal and other officers 
( I) There shall be a Registrar of the Tribunal and such deputy registrars and other 
officers as may be necessary, whose offices shan be public offices and form part of the 
Public Service. 
(2) The Registrar shall perform such functions as may be assigned to him by or 
under this Act or any other enactment. IPlN! lIZWE/C/2 
IP/N/I/ZWE/I/l 
Page 9 
15 Record of proceedings of Tribuna! 
(1) Subject to rules made in terms orsection twe/re, a record of the proceedings 
of the Tribunal shall be kept and filed in the office of the Registrar. 
(2) Subject to subsection (12) of section 18 of the Constitution and any other 
enactment, the record kept in terms of subsection ( 1) shall be accessible to the public and 
copies thereof may be obtained upon the same conditions and upon payment of the same 
fees as if they were civil records of the High Court. 
PART 
ApPEALS 
16 Appeal to Supreme Court from decision of Tribuna! 
(I) Subject to subsection(2) and the appropriate enactment, any person who is 
dissatisfied with any decision of the Tribunal may lodge an appeal with the Supreme COllrt 
within three months following the Tribunal's announcement of the decision. 
from-(2) Except as otherwise provided in the'appropriate enactment, no appeal shall lie 
(a) any order of the Tribunal made with the consent of the parties; 
(b) an order as to costs only or an interlocutory order or an interlocutory judg­
ment without the leave of the Tribunal or a President of the Tribunal or, if 
such leave has been refused, without the leave of a judge of the Supreme 
Court. 
17 Powers of Supreme Court on appeal 
Except as otherwise provided in the appropriate enactment, in any appeal in terms of 
subsection (I) of section sixteen, the Supreme Court may-
(a) exercise its powers in terms of the Supreme Court Act [Chapter 7: 1 J I or 
take any other course whjch may lead to the just, speedy and, as far as 
possible, inexpensive settlement of the matter; 
(b) make such order as to costs as it considers just. 
PART VII 
GENERAL 
18 Times and places of sitting of Tribunal 
The Tribunal shall sit at such times and in such places as the Presidents of the Tribu­
nal may appoint. 
19 Evidence of decisions of Tribunal 
In any proceedings before a coun, a copy of an order of the Tribunal, certified by the 
Registrar, shall be admissible on its production by any person and shall be sufficient proof 
of the order unless the contrary is proved. 
20 Witness failing to attend Tribunal or to be sworn or give evidence 
(1) If any person who has been subpoenaed to give evidence before the Tribunal 
or to produce any book or document to the Tribunal-IP/N/I/ZWE/C/2 
IP IN/ 1 IZWEII! I 
P8ge 10 
(8) fails without just cause to attend or to remain in attendance until duly 
excused by the Tribunal from further attendance; or 
(b) without just caLIse, refuses to be sworn as a witness; or 
(c) ,having been sworn, refuses without just cause-
(i) to answer fully and satisfactorily any question lawfully put to him; or 
OJ) to produce the book or document; 
as the case may be, he shall be guilty of an offence and liable to a fine not exceeding two 
thousand five hundred dollars or to imprisonment for a period not exceeding six months or 
to both such fine and such imprisonment. 
(2) Su'bsection (l) shall not be construed as limiting the Tribunal's power under 
section eight to deal summarily with any contempt 
21 Witness giving false evidence 
Any witness who, after having been sworn, makes a false statement of fact material 
to any question' under consideration by the Tribunal, knowing the statement to be false or 
not having reasonable grounds for believing it to be true, shall be guilty of an offence and 
liable to a fine not exceeding ten thousand dollars or to imprisonment for a period not 
exceeding two years or to both such fine and such imprisonment 
22 Transitional provisions 
(I) In this section­
"appropriate Act" means-
(a) the Industrial Designs Act [Chapter 26:021; or 
(b) the Patents Act [Chapter 26:03]: or 
(c) the Trade Marks Act [Chapter 26.'04]; 
"fixed date" means the date fixed in terms of subsection (2) of section one as the 
date of commencement of this Act; 
"Patents Tribunal" means the Patents Tribunal established by section 70 of the 
Patents Act r Chapte r 26:03]. 
(2) Every person who, immediately before the fixed date. held office as­
(a) President of the Patents Tribunal; or 
(b) registrar or officer of the Patents Tribunal: 
shall hold office on and after that date as President of the Tribunal, Registrar or other 
officer. as the case may be, in all respects as if he had been appointed in terms of section 
fOllr orfourteen. 
(3) Any rules which, immediately before the fixed date, regulated appeals and 
references to and other matters before the Patents Tribunal in terms of an appropriate Act 
shall continue in force on and after the fixed date as jf they had been made in terms of 
section twelve to govern similar appeals and references to and other matters before the 
Tribunal in terms of any Act referred to in subsection (1) of section three, 
(4) Any appeal, review, reference or other matter which was lodged with the Pat­
ents Tribunal in terms of an appropriate Act and, immediately before the fixed date, was 
pending before the Patents Tribunal shall be continued before the Tribunal on and after the 
fixed date in terms of the appropriate Act concerned and this Act. 
(5) Any appeal which was filed with the Supreme Court against a decision of the 
Patents Tribunal in terms of an appropriate Act and which, immediately before the fixed 
date, had not been finally determined shall be determined on and after the fixed date as if it 
were an appeal against a decision of the Tribunal in terms of Pan VL