WORLD TRADE  
ORGANIZATION  IP/Q/ZWE/1 
IP/Q2/ZWE/1 
IP/Q3/ZWE/1 IP/Q4/ZWE/1 
2 June 2005 
 
(05-2245) 
Council for Trade-Related Aspects of Intellectual Property Rights Original:   English 
 
 
REVIEW OF LEGISLATION 
 
ZIMBABWE
1 
 
 The present document reproduces the introductory statement made by the delegation of 
Zimbabwe, the questions put to it and the responses gi ven in connection with the review of legislation 
initiated at the Council's meeting of 27 and 28 November 2001.2 
  
_______________ 
 
 
I. INTRODUCTORY STATEMENT 
 In 1998, Zimbabwe set in motion the process of  bringing its intellectual property legislation 
into conformity with the provisions of the WTO Agreement on Trade-Related Aspects of Intellectual 
Property Rights (the TRIPS Agreement).  There has been in place in Zimbabwe as far back as 1957 
some form of intellectual property protection with  the enactment of the Industrial Designs Act, 
followed shortly after by the Patents Act, the Pl ant Breeders' Rights Act and the Merchandise Marks 
Act. Certain aspects of these pieces of legislation fell short of the requirements of the TRIPS Agreement, hence the adoption of the amendment pr ocess by the Government in 1998, and the putting 
into place of totally new legislation. 
  A Bill to amend the Zimbabwe Patents Act of 1972 has been put before the Zimbabwe 
Cabinet.  The Bill had been referred back to the drafters by the Cabinet, which recommended certain 
amendments to it.  These have now been effected a nd it is expected that Cabinet will approve it by the 
end of November 2001 and forward it to Parliament .  The Geographical Indications Bill is at its 
Second Reading stage in Parliament with indications that it will be approved.  The Bills seek to give 
effect to the provisions of the TRIPS Agreement.  
 Enactments to amend Zimbabwe's Integrated Circuit Layout-Designs Act 
of 1967 and the 
Industrial Designs Act of the same year have been passed by Parliament and now await the 
President's signature.  It is expected that the Pr esident will sign these Acts into law shortly.  The 
Amendment to the Industrial Designs Act seeks to give  effect to Zimbabwe's international obligations 
and specifically alters the period of registration of industrial designs and requires the advertisement of 
applications for registration.  The Integrated  Circuit Layout-Design amendment sets up a Designs 
Office which acts as a registry for all designs and set s out the criteria that layout designs will have to 
meet in order to be registered. 
                                                      
1 As regards laws and regulations notified by Zimbab we under Article 63.2 of the Agreement, reference 
is made to documents IP/N/1/ZWE/1 to 2; IP/N/1 /ZWE/C/1 to 3; IP/N/1/ZWE/D/1; IP/N/1/ZWE/E/1; 
IP/N/1/ZWE/G/1; IP/N/1/ZWE/I/1 ; IP/N/1/ZWE/L/1; IP/N/1/ZWE/P /1 and 2; IP/N/1/ZWE/T/1. 
2 The minutes of the meeting have been circulated as document IP/C/M/34.  Responses to the questions 
posed by Canada and Switzerland have been previously circulated in document IP/C/W/323. IP/Q/ZWE/1, IP/Q2/ZWE/1,  
IP/Q3/ZWE/1, IP/Q4/ZWE/1 Page 2 
 
 
  A Trade Marks Amendment Act was passed in  2001 and amends certain provisions of 
Zimbabwe's Trade Marks Act of 1975 to take into  account especially the Paris Convention as revised 
and the Banjul Protocol on Marks of 1993.  It broadens the scope of trademark infringements and 
deals with the question of the onus of proof a nd damages.  The Copyright and Neighbouring Rights 
Act was also passed in 2001 to amend certain provisi ons of the Copyright Act of 1967.  It seeks to 
respond to technological developments such as the widespread use of photocopiers, audio and video 
recorders and computers generally.  The Plant Br eeders Rights Amendment Act came into force in 
July of 2001 and amends aspects of Zimbabwe's Pate nts Act of 1972.  This Act was necessitated by 
developments in the field of plant breeding, principa lly Zimbabwe's desire to encourage investment in 
plant breeding.  The Act allows farmers to save seed  for their own use.  These two enactments are, 
however, not yet in force.  They shall come into ope ration on dates to be fixed by the President, which 
normally coincide with the promulgation of the n ecessary Rules and Regulations, which experts in our 
Ministry of Justice are currently working on.  
 By means of the Intellectual Property Tribunal Act, Zimbabwe has established an intellectual 
property tribunal, a specialised court to adjudicate over all civil matters pertaining to the enforcement 
of intellectual property rights.  Recruitment of the judges to the Tribunal is complete and it is 
expected that the Tribunal will start operating shor tly.  General enforcement of intellectual property 
rights, especially those aspects of enforcement that relate to criminal matters, is provided for in the 
Constitution of Zimbabwe, the Customs and Excise Ac t, the Criminal Procedure and Evidence Act, 
the Magistrates Court, High Court and Supreme Court Acts and Rules. 
  Zimbabwe's intellectual property legislation was, in many respects, ahead of its time and incorporated most aspects now embodied in the TRIP S Agreement.  Fair and equitable procedures for 
seeking remedies for intellectual property infringement s were incorporated in all earlier enactments, 
as were the MFN and National Treatment principl es.  The Zimbabwe Patents Act of 1972 already 
excluded certain inventions from patentability for r easons of public order, morality and prejudice to 
the environment.  As now amended, an inventi on will be excluded from patentability if it would 
endanger human, animal or plant life or health or encourage offensive,  immoral or antisocial 
behaviour.  
 Zimbabwe is aware that in some cases it has overshot the deadline for putting into place 
legislation that complies with its obligations under th e TRIPS Agreement.  This is due mainly to the 
fact that intellectual property is a highly technical  subject and the necessary legislation requires a lot 
of time and expertise to put together coherently.  Due to serious resource constraints, the process has 
taken longer than intended. 
 
 We believe that the foregoing demonstrates our  commitment to the protection of intellectual 
property.  Zimbabwe realises that it will need to  periodically review and update its intellectual 
property legislation in response to new developments , needs and requirements.  Recent developments 
have shown that intellectual property is fluid and evol ving in nature.  It is the hope of this delegation 
that even in the face of serious resource constrai nts, it will be able to fashion and put in place the 
necessary and appropriate responses. 
  
II. RESPONSES TO QUESTIONS POSED BY CANADA 
1. Please describe how the enforcement obligations (Articles 41-61 of the TRIPS 
Agreement and throughout) have been implemented.  
Article 41 - General Obligations
 
  IP/Q/ZWE/1, IP/Q2/ZWE/1,  
 IP/Q3/ZWE/1, IP/Q4/ZWE/1  Page 3 
 
 
  Although in terms of Article 41.5 of the TR IPS Agreement there is no obligation on Members 
to put in place a distinct judicial machinery fo r the enforcement of a intellectual property rights, 
Zimbabwe viewed it as both desirable and necessar y to put in place the Intellectual Property Tribunal 
which is a specialised court exclusively adjudi cating over all civil matters pertaining to the 
enforcement of intellectual properly rights as provided for under the: 
 
• Industrial Designs Act [Chapter 26:02] 
 
• Patents Act [Chapter 26:03] 
 
• Trade Marks Act [Chapter 26:04] 
 
• Copyright and Neighbouring Rights Act [Chapter 26:05] 
 
• Geographical Indications Act [Chapter 26:6] 
 
• Integrated Circuit Layout-Designs Act [Chapter 26:07] 
  In terms of Sections 7 and 8 of the Intell ectual Property Tribunal Act, the Tribunal shall 
exercise its jurisdiction in all Civil matters arisi ng from the above enactments and, in the exercise of 
its jurisdiction, it shall have the sa me powers as the High Court to make  orders: 
 
• "requiring any party to give security for costs; 
 
• for the purpose of security, the a ttendance of any person before it; 
 
• for making discovery and production of any documents; 
 
• for the enforcement of its orders, whether by way of execution attachment or 
otherwise."
3 
 
It is important to note that litigants are not r estricted to the use solely of the intellectual 
property Tribunal for the enforcement of their intellect ual property rights.  They can still elect to refer 
their disputes to a Magistrate Court with competen t jurisdiction to entertain the matter, or the High 
Court as Courts of first instance.  This is deliberat ely meant to cater for the entire spectrum of litigants 
whose sophistication in legal matters differ.  Fu rther, it makes the enfo rcement machinery easily 
accessible to litigants, hence, the speedy resolution of disputes. 
  However, the Intellectual Property Tribunal is expressly precluded from exercising 
jurisdiction over criminal matters arising from the infringement of intellectual property rights. 
 Article 42 - Fair and Equitable Procedures
 
  Section 11 of the Intellectual Property Tribuna l Act provides for the representation of parties 
without them necessarily appearing in person.  Th is removes the overly burdensome requirement of 
mandatory personal appearances of litigants. 
 
                                                     
 
3 Section 8(2) of the Intellectual Property Tribunal Act. IP/Q/ZWE/1, IP/Q2/ZWE/1,  
IP/Q3/ZWE/1, IP/Q4/ZWE/1 Page 4 
 
 
  Section 12, which provides for th e rules of procedure, is designed to put in place equitable 
rules which would allow parties to fully present their case before the tribunal without suffering any 
undue prejudice.  
Article 43 - Evidence
 
  Section 13 of the Intellectual Property Tribunal Act which, inter alia , gives the Tribunal the 
power to "accept evidence by affidavit or take  oral evidence and allow any witness to be 
cross-examined on his affidavit or oral evidence" is a furtherance of fair and equitable procedures.  As 
read with Section 12 of the Act, these provisions are, in essence, a relaxation of the formal and strict 
rules of procedure observed in the High Court.  Article 44 - Injunctions
 
 
 Please note that this provision is not obligator y on Member states.  However, apart from the 
Customs and Exercise Act [Chapter 23:03] which empowers customs officials to seize counterfeit or pirated goods, Section 66 of the Trade Marks Act [C hapter 26:04], as amended,  and Section 60 of the 
Copyright and Neighbouring Rights Act [Chapter 26: 05], also empower Customs officials to seize 
pirated goods.  
 The ordinary Courts have power to order such seizure as well. 
 Article 45 - Damages
 
  This protection is provided for under: 
 
• Section 46A of the Industrial D esigns Amendment Bill (now an  
Act of Parliament but awaiting Presidential assent) 
 
• Section 40 of the integrated Circuit Layout -Designs Act [Chapter 26:07] (now an Act 
of Parliament but also awaiting Presidential assent) 
 
• The Patents Act [Chapter 26.03] as amende d by the Patents Amendment Bill, 2001 
which is presently before Parliament for debate 
 
• Section 11 of the Geographical Indications Act [Chapter 26:06] 
 
• Part V of the Copyright and Neighbouring Rights Act [Chapter 26:05] 
• Section 9C of the Trade Marks Amendment Act No. 10 of 2001 
 Article 46 - Other Remedies
 
 
 These remedies are already part of our civil practice and procedure in the High Court.  These include the recognition of Anton Pillar Orders as co mpetent remedies awarded to the plaintiff whose 
rights have been infringed and there exits a well founded apprehension that the goods or evidence in 
the possession of the defendant may be destroyed or made inaccessible to the plaintiff in the 
prosecution of his civil suit. 
 
• Section 41 of Integrated Circuit Layout-Designs Act 
 
• Section 57 of Copyright and Neighbouring Rights Act  IP/Q/ZWE/1, IP/Q2/ZWE/1,  
 IP/Q3/ZWE/1, IP/Q4/ZWE/1  Page 5 
 
 
  
• Section14 of the Geographical Indications Act 
 
• Section 46B of Industrial Designs Amendment Act 
 
• Section 48A of Patents Amendment Act 
 
• Section 9D of Trade Marks Amendment Act 
 Article 47 - Right of Information
 
  This provision, though not specifically prov ided for in the various intellectual property 
enactments, our common law of civil procedure and practice already recognises this legal innovation. 
 Article 48 - Indemnification of Defendant
 
  These are provided for under:  
• Section 15 of the Geographical Indications Act [Chapter 26:06] 
 
• Section 42 of Integrated Circuit Layout-Designs Act [Chapter 26:07] 
 
• Proviso to Section 14 of the Patents Amendment Bill 2001 
 
• Section 86 of the Trade Marks Art as ame nded by the Trade Marks Amendment Act 
  To the extent that the Tribunal has the powers to apply the same rules of civil procedure as 
the High Court towards the realisation the above re medy by to a deserving defendant.  Section 12(2) 
of the Intellectual Property Tribunal Act.  Article 49 - Administrative Procedures
 
 
 Needs no precise response in so far as our intellectual property legislation, in terms of 
enforcement of intellectual property rights, s ubstantially complies with the TRIPS Agreement 
requirements.  Article 50
 
 
 Concerns Anton Pillar Orders as alluded to in Article 46 above.  Anton Pillar Orders are 
recognized procedural remedies under our general la w, and as such shall be applicable to the 
enforcement of intellectual property rights.  Section 12(2) empowers the Tribunal to employ/apply the rules relating to practice and procedure in the Hi gh Court in civil matters where appropriate. The 
appropriate provisions referred to in Articl e 46 above expressly so empower the Tribunal. 
 
Articles 51-60 - Special Requirements Related to Border Measures
 
 
 This is provided for in the amendment to sec tion 86 of the Trade Marks Act.  (Amendment 
clause number 17 of the Trade Marks Amendment Act): 
 
• Section 60 of the Copyright and Neighbouring Rights Act 
 IP/Q/ZWE/1, IP/Q2/ZWE/1,  
IP/Q3/ZWE/1, IP/Q4/ZWE/1 Page 6 
 
 
 • Section of the Customs and Exercise Act 
 
2. What protection does your Copyright legislation afford to "foreign works" ? 
  Part II of the Copyright and Neighbouring Rights Act [Chapter 26:05] vests copyright in the 
author by virtue of his nationality, domicile or r esidence in Zimbabwe at the material time of the 
original works.  Thus, for an author of works qualif ying/eligible for copyright, he either has to be at 
the material time:  
(a) a citizen of Zimbabwe or a designated country; or 
 
(b) domiciled or ordinarily resident in  Zimbabwe or a designated country, or 
 
(c) in the case of a body corporate, incorporated under the law of Zimbabwe or a 
designated country.
4 
 
 In conferring copyright on the above three categories and in keeping with the TRIPS Agreement's provisions, and the Berne Convention to  which Zimbabwe is a Contracting Party, the 
principles of national treatment and most-favoured-nation treatment are fully observed.   III. RESPONSES TO QUESTIONS POSED BY  THE EUROPEAN COMMUNITIES AND 
THEIR MEMBER STATES 
A. G
ENERAL PROVISIONS  
1. Please describe if your legislation includes measures necessary to protect public health 
and nutrition, and to promote the public interes t in sectors of vital importance to your socio-
economic and technological development as mentioned under Article 8 of the TRIPS 
Agreement.  If yes, please explain how such me asures are consistent with the provisions of the 
TRIPS Agreement.  
No response received. 
 
B. C
OPYRIGHT AND RELATED RIGHTS  
2. Please state how your legislation provides for the protection of the exclusive rights of 
authors in relation to their literary and artistic works, as specified in Article 9 of the TRIPS 
Agreement which requires Members to comply with  Articles 1-21 of the Berne Convention and 
the Appendix to the Berne Convention (1971). 
 
The Copyright Act [Chapter 26:06] provides under Sections 5 and 6 protection to authors in 
respect of literary and artistic works.  Section 7 of the Act provides that everything conferred by 
Sections 5 and 6 shall "vest initially in the author of  the work".  Exceptions to the exclusive rights of 
the authors are captured under subsecti ons (2), (3) and (4) of section 7. 
Sections 9,10 and 11 of the Act contain further exceptions to the exclusive rights of authors.  
It should be noted that this Act was promulga ted prior to the TRIPS Agreement and the Berne 
Convention (1971).  The Copyright and Neighbouring Rights Act [Chapter 26:05] (which is not yet 
operational) is modelled on the provisio ns of the above mentioned treaties. 
                                                      
4 Section 11(1) of the Copyright and Neighbouring Rights Act.  IP/Q/ZWE/1, IP/Q2/ZWE/1,  
 IP/Q3/ZWE/1, IP/Q4/ZWE/1  Page 7 
 
 
 3. Please describe the protection accorded to authors of computer programs, databases or 
compilations of data. 
 
Under the present Copyright Act, no protection is accorded to the authors of computer 
programs or databases.  However compilations of data  are classified as "literary work" and therefore 
the provisions of sections 5.9 apply in respect of these compilations. 
4. Please state whether your legislation provides fo r a rental right and, if so, the works to 
which it applies.  
The Act provides rental rights by way of the grant of licences under section 29 by the owner 
of a copyright, or a licensee to use a literary, dramatic or musical work, or in a sound recording or a television recording for some monetary value. 
The terms of the licence shall be determ ined by the Registrar of Copyrights. 
5. Please describe the rights granted to p erformers, producers of phonograms (sound 
recordings) and broadcasting organizations under your legislation. 
 
The Copyright Act refers to sound recordings as having a copyright provided it is made in 
Zimbabwe or the maker of such recordings was qua lified to make such sound recording in terms of 
the Act.  The exclusive rights to the sound record ings shall vest in the maker thereof and may be 
transferred by the maker to another person.  Subsec tion (5) and (6) of the Act limit the enjoyment of 
the copyright where:  (1) fair dealing with s ound recording for the purposes of research or private 
study by the person so dealing with such record ing shall not constitute an infringement of the 
copyright in the recording and (2) where the recording embodying the sound recording is made for the purposes of any judicial proceedings. 
Section 18 of the Act provides the rights whic h are granted to the Zimbabwe Broadcasting 
Corporation (ZBC).  The rights are as follows: 
- subsection (1) - a copyright shall subsist in  every broadcast made by ZBC after the 
appointed date; 
- subsection (2) the copyright shall subsist in that broadcast for a period of fifty years 
from the end of the calendar year in which the broadcast was made; 
- subsection (3) - the copyright shall vest in ZBC; 
- subsection (40) outlines acts which are restri cted in respect of the copy and these 
include – broadcasting them for purposes whic h are not for private or personal use; 
- subsection (10) provides that a copyright is not infringed by anything done in relation 
thereto for the purposes of any judicial proceedings. 
 6. Please state whether your legislation provides for any limitation or exception in relation 
to each of the rights described above in acco rdance with the relevant provisions of the Berne 
and Rome Conventions and in light of Arti cles 13 and 14.6 of the TRIPS Agreement. 
 
The Copyright Act provides the following exceptions to the right granted to producers of 
sound recordings and broadcasting organizations.  In respect of sound recordings, section 16 (4) 
provides the only applicable restriction as follows: 
 "the making of a record embodying that sound recording, whether a record embodying the 
sound recording, is utilized directly or indirectly in doing such act". 
  IP/Q/ZWE/1, IP/Q2/ZWE/1,  
IP/Q3/ZWE/1, IP/Q4/ZWE/1 Page 8 
 
 
  "(a) in the case of a television broadcast in so far as it consists of visual images, the 
making, otherwise than for personal and privat e use of the person so dealing with that 
broadcast, of 
 
i) a cinematograph film of it or a copy of such film;  or 
ii) a photograph of part of it or a copy of such photograph; 
 (b) in the case of a sound broadcast or of a television broadcast in so  far as  it consists of 
sounds, than making, otherwise than for the personal and private use of the person so 
dealing with that broadcast, of a sound recording of it or a record embodying such a 
recording; 
 
c) in the case of a television broadcast, causing it, in so far as it consists of visual 
images, to be seen in public or in so far as it consists of sounds, to  be heard in public 
if it is seen or heard by a paying audience; 
 
d) in the case of any broadcast, rebroadcasting it." 
 
7. Please state the terms of protection of ea ch right described above and the work or 
subject matter to which it applies. 
 
The above restrictions apply to "sound recordings  and broadcasts" and the applicable term of 
protection in respect of the above is a period of 50  years starting from the end of the calendar year in 
which the broadcast is made. 
8. Please state how your legislation grants the retroactive protection provided pursuant to 
Article 18 of the Berne Convention (the obligation of which derives from Article 9 of the TRIPS 
Agreement) and Article 14.6 of the TRIPS Agreement.  
The present Copyrights Act does not grant retro active protection to copyrights as envisaged 
under Article 18 of the Berne Convention.  The Co pyright and Neighbouring Rights Act is silent on 
this issue as well. 
9. Please explain whether the droit de suite  provided for in Article 14 ter of the Berne 
Convention is protected in your legislation.  
The droit de suite  (right to sue) as provided for in Article 14 ter of the Berne convention is 
protected under part IV of the Copyright Act, specifically Section  22(1).  The section provides for the 
actions the owner of a copyright may make in  respect of infringements of a copyright. 
C. T
RADEMARKS  
10. Please give the definition of a sign under your national legislation and explain under 
what conditions it is protectable.  
 A "sign" is not defined under the Act.  Ho wever the Act provides the definition of "mark" 
which reads as follows: 
 
"includes a distinguishing guise, slogan, device, br and, heading, label, ticket, name, signature, 
work, letter or numeral or any combination ther eof, whether rendered in two-dimensional or 
three dimensional form". 
  IP/Q/ZWE/1, IP/Q2/ZWE/1,  
 IP/Q3/ZWE/1, IP/Q4/ZWE/1  Page 9 
 
 
 11. Please confirm whether or not services are a protectable subject matter in your 
trademark law.  Please confirm if signs, such as  trade names, are protectable.  Please describe if 
elements such as sound, perfumes and containers are protectable.  
Under the Act "services" are protectable to the extent provided by section 7.  Trade names are 
protectable, provided such "mark" has been duly re gistered in terms of the Act.  Zimbabwe's 
legislation defines "distinguishing guise" as, " in relation to any goods, the shape or configuration 
of containers of the goods".  This is the protection afforded to containers under the Act.  The Act 
does not protect elements such as sound.  These fi nd protection when registered as copyright under 
the Copyright Act.  Perfumes are protectable under section 83 of the Act as the owner of the 
registered trademark must give his consent be fore such product is made.  The Act does not 
specifically provide for the contents of the goods, th e reference to the making of such trademarks (of 
the goods) is where the inference is drawn that perfumes are protected. 
12. Please explain what the requirements of use are, if any, as a condition for a trademark 
registration.  Please explain the definition of  use and the conditions of maintenance of a 
registration in that respect.  
Section 12 (4) of the Act provides how the Regist rar is to take account of the use by another 
person before the date of application by the appl icant for the registration of a trademark.  The 
Registrar must inquire as to whether: 
a) the use of the trademark was with  the consent of the applicant; 
b) the use by that other person was in accordan ce with the provisions of paragraph (c) of 
subsection (4) of section 12 -  that is, an application has been made by the applicant and that other person for registration of that other person as a registered user of the trade mark; 
c) the connection in the course of trade that ex isted between the applicant and that other 
person was made known;  and  
d) the registrar is satisfied that the other pe rson would be entitled to be registered as a 
registered user of the trade mark immediat ely after the registration of the trade mark. 
 
13. Please confirm whether or not your legislation permits that the registration of 
trademarks be indefinitely renewable. 
 
Section 24 of the Act permits the registration of tr ademarks to be indefinitely renewable.  The 
renewal of the registration must be done every ten (10) years as required by the Act. 
14. Please describe the special requirements, if any, prescribed by your legislation 
concerning the use of a trademark. 
 
Section 31 of the Act and its subsequent am endment provide for the special requirements 
regarding the use of a trademark.  It provides th at a registered trademark may be removed from the 
Registrar if it is found that there was no bona fide use of the in relation to the goods or services by a 
proprietor for a continuous period of five years prior to the date of application and that the proprietor 
thereof had no intention to use such trademark. 
D. G
EOGRAPHICAL INDICATIONS  
15. Please explain whether or not your tr ademark registration authority refuses a 
trademark application if it contains a geographical indication.  IP/Q/ZWE/1, IP/Q2/ZWE/1,  
IP/Q3/ZWE/1, IP/Q4/ZWE/1 Page 10 
 
 
 Section 17 (Application for registration) of the Ac t does not specify that an application for the 
registration of a trademark shall be refused because it contains a geographical indication.  This section 
outlines the conditions under which a geographical indicati on shall be registered.  It is in terms of this 
section that the Registrar shall consider whether an  indication used on a trademark complies with the 
provisions of the Act. 
16. Please give the definition of a geographical indication in your legislation. 
 
The Act defines "geographical indication" as "an indication, however expressed, which 
identified a product as originating in a particular  area, where some quality, reputation or other 
characteristic of the product is essentially a ttributable to its geographical origin". 
17. Please describe and explain the provisions of your legislation establishing a link, if any, 
between the characteristics of an indication and its geographical origin.  
Section 17 (1)(a)(iv) [Application for Registration] requires the applicant to specify "the 
quality, reputation or characteristic of the product wh ich is attributable to its geographical origin".  
The applicant is further required by section 18 (Publ ication of application and opposition thereto) to 
advertise in the prescribed manner.  This gives ad equate time to the Registrar to establish the link 
between the characteristics of the indication and its geographical origin.  Furthermore the advertising 
gives an opportunity for interested persons to oppose the registration on the grounds that the specifications stated by the applicant are false. 
18. Please describe how additional protection is granted by your legislation to wines and 
spirits.  Please mention other types of products, if any, covered by this additional protection. 
 
Zimbabwe legislation does not provide the higher level of protection for spirits and wines 
contemplated by Article 23.2 of the TRIPS Agreement. 
19. Please explain how exceptions under Article 24 of the TRIPS Agreement are used in 
your jurisdiction.  Please provide examples of the use of the exceptions by courts or lists of names considered as generic in your jurisdiction.  
No response received. 
 
E. I
NDUSTRIAL DESIGNS  
20. Please explain whether or not your legislation extends to the protection of designs 
dictated essentially by technical or functional considerations.  Please explain how textile designs 
are protected.  
21. Please explain how your legislation protects right holders of a design against importing 
of articles bearing embodied or copied design. 
 
22. Please state whether or not your legislation pr ovides for the right to issue a compulsory 
licence for industrial designs. 
 
23. Please indicate for what period of time your legislation grants protection for industrial 
designs. 
 
Sections 9, 9A and 9B of the Industrial Desi gns Act [Chapter 26:02] as amended, provide the 
procedure that must be followed to obtain protection for industrial designs.  IP/Q/ZWE/1, IP/Q2/ZWE/1,  
 IP/Q3/ZWE/1, IP/Q4/ZWE/1  Page 11 
 
 
  Applications for registration of designs are to  be made and lodged at the Designs Office, in 
the prescribed manner.  Thereafter, for the purposes of  deciding whether a design is new or original, 
the Registrar may make searches as he deems fit.  The Registrar may refuse the application or accept it absolutely or subject to amendments, modificatio ns, conditions or limitations  as he deems fit.  An 
appeal shall lie from any decision of the registrar's, of either granting or refusing registration of the 
design.  Where the Registrar has refused regist ration or accepted it conditionally as contemplated 
above, he shall, if required by the applicant, st ate in writing the grounds for his decision and the 
materials he used in arriving at it.  An appeal against the decision of the Registrar shall be heard 
before the Intellectual Property Tribunal (the Tr ibunal), and be based upon grounds/materials stated 
by the Registrar in giving explanation to the app licant, except where permitted to take further grounds 
by the Tribunal.  
Soon after application for registration has been accepted, the applicant is mandated to 
advertise in the prescribed manner, the applicati on as accepted.  The Registrar, in exceptional 
circumstances, may direct that an application be advertised before acceptance of application.  Any 
person may in writing oppose registration in the prescr ibed manner, giving reasons for the opposition.  
The applicant will thereafter be permitted to ma ke a counter statement of grounds upon which he 
relies for registration.  The Registrar will thereaf ter consider evidence tendered and decide whether 
and subject to what amendments and conditions, if an y, registration is to be  permitted.  An appeal 
shall lie from any decision of the Registrar, befo re the Tribunal.  Where registration has been 
permitted after all consideration have been made, the Registrar shall register the design. 
Section 15 of the Act, gives the registered pr oprietor "the exclusive right in Zimbabwe to 
make or import for sale or for use for the purposes of any trade or business or to sell, hire or offer for 
sale or hire any article in respect of which the d esign is registered, being an article to which the 
registered design or a design not substantially diffe rent from the registered design has been applied, 
and to make anything for enabling any such article to be made as aforesaid". 
No provision is made for protection of textile designs. 
F. P
ATENTS  
24. Please describe how your legislation defines the notions of: novelty, inventiveness and 
industrial application. 
 
25. Please explain whether or not in your legislation, patent or otherwise, patent rights are 
enjoyed without any exclusions.  If exclusions  are provided for, please describe in detail how 
these exclusions are applied in legal as well as practical terms. 
 
26. Please explain whether your legislation provid es for the exclusion of inventions from 
patentability based on ordre public or morality.  If so, please explain the relevant section of your 
legislation and explain its formulation.  Please al so explain if it has been applied in practice. 
 
27. Please explain whether or not diagnostic, th erapeutic and surgical methods are excluded 
from patentability in your legislation. If so, pl ease explain the relevant section of your legislation 
and explain its formulation. 
 
28. Please explain whether or not plants, anim als and essentially biological processes are 
excluded from patentability in your legislation. If so, please explain the relevant section of your legislation and explain its formulation.  IP/Q/ZWE/1, IP/Q2/ZWE/1,  
IP/Q3/ZWE/1, IP/Q4/ZWE/1 Page 12 
 
 
 29. Please describe how micro-organisms, non-essentially biological processes, 
microbiological processes and plant varieties are prot ected in your legislation. Please explain, in 
this respect, the relevant sections of your legislation. 
 
30. Please explain how your legislation protects patent right holders against the importing 
and against the offering for sale of a patented invention. 
 
31. Please state if your legislation provides for patent product protection of pharmaceutical 
and agricultural chemical products.  In the a ffirmative, please indicate the legal reference. 
 
32. Please clarify if the patent protection of a pr ocess, as provided for in your legislation, 
covers the product obtained directly by that process. 
 
33. Please explain the additional conditions, if any, in your legislation other than the 
sufficient disclosure of the invention in Article 29 of the TRIPS Agreement ( e.g. submission of 
justification for access to genetic material or prior inform consent to its use).  If such additional 
conditions exist, please point out the relevant le gislation and describe the additional conditions 
in detail. 
 
34. Please describe if your legislation provides for limited exceptions to the exclusive rights 
conferred by a patent.  If affirmative, pl ease make a reference to relevant legislation. 
 
35. Please explain whether or not your legislatio n provides for compulsory licensing. If so, 
please explain in detail the conditions under which a compulsory licence may be granted.  In 
particular, please explain how your national le gislation considers individual merits in the 
authorization of such use.  
36. Please explain how your legislation explicit ly ensures that a proposed user has made 
efforts to obtain authorization from the ri ght holder on reasonable commercial terms and 
conditions and that such efforts have not been su ccessful within a reasonable period of time. In 
this context, how do you define "reasonable p eriod of time".  Please also explain how your 
legislation ensures that the use of a compulsory licence shall be authorised predominantly for 
the supply to the domestic market of the Member authorizing such use. 
 
37. Please state if your legislation grants additional protection for innovations after the 
20 years of patent protection has lapsed. 
 
38. Please explain how your legislation provides for the reversal of the burden of proof in 
relation to process patents.  
Section 21 of the Patents Act [Chapter 26:03] provi des for the grant of patents for inventions.  
Inventions for which patents may be granted are interpreted as, "any new and useful art, whether 
producing a physical effect or not, process, machin e, manufacture or composition of matter which is 
not obvious or any new and useful improvement th ereof which is not obvious, capable of being or 
applied in trade or industry and includes an alleged invention." 
Section 13 of the Act provides exceptions as pe rmitted by the TRIPS Agreement.  According 
to section 13 (1) (b), application for a patent may be  refused if the use of the invention in respect of 
which applications is made, would be expected to: 
(i) endanger public order or safety; or 
(ii) encourage offensive, immoral or anti-social behaviour; or   IP/Q/ZWE/1, IP/Q2/ZWE/1,  
 IP/Q3/ZWE/1, IP/Q4/ZWE/1  Page 13 
 
 
 (iii) endanger human, animal or plant life or h ealth; or promote serious prejudice to the 
environment. 
 
 Under the Act, an application shall not be refused in terms of the above, merely because 
exploitation of the invention concerned would be contrary to the law of Zimbabwe. 
 
Under section 2A patents shall not be granted for the following inventions: 
 (a) diagnostic, therapeutic or surgical methods  for the treatment of human beings or 
animals; or 
(b) plants and animals, other than micro-or ganisms, non-biological and microbiological 
processes as contemplated by the TRIPS Agreement. 
(c) essential biological processes for the production of plants or animals, other than 
microbiological processes. 
 
 The provisions of section 24 (4) of the Patents Act give patent holders  full power and sole 
privilege, during the term of the patent to make , use, exercise and vend the invention within 
Zimbabwe in such a manner as to him seems fit, so that he shall have and enjoy the whole profit and 
advantage accruing by reason of the invention during the term of protection.  
 Section 34 of the Patents Act provides for unauthor ized use of patents, for service of the state, 
as contemplated by Article 31 of the TRIPS Agreemen t.  According to the Act, any State department 
or any person authorized by the Minister of Jus tice, Legal and Parliamentary Affairs, may make use 
or exercise any invention disclosed in any specificati on lodged at the Patent Office, for the service of 
the State, in accordance with the Act. 
 
Section 34 (2) provides that "[i]f, and so far as th e invention has, before the effective date of 
the relevant claim of the completed specification, be en duly recorded by or tried by or on behalf of a 
department of the state or a person authorized in terms of subsection (1) otherwise than in 
consequence of the communication thereof, directly of  indirectly, by the patentee or any other person 
from whom he derives title, any use of the invention by  virtue of  subsection (1) may be made by such 
department of the State or person free of any royalty or other payment to the patentee". 
And 34(3) provides that "[i]f and so far as the inve ntion has not been so recorded or tried as is 
mentioned in subsection (2), any use of the inven tion made by virtue of subsection (1) at any time 
after the acceptance of the complete specification resp ect of the patent or in consequence of any such 
communication as is mentioned in subsection (2), sh all be made upon such terms as may be agreed 
on, either before or after use, between the minister  and the patentee with the approval of the Minister 
of Finance or as may, in default of agreement, be determined by the Patents Tribunal on a reference 
under subsection (1) or section 36". 
According to section 25 of the Patent Act, the te rm of every patent, shall be for 20 years from 
the date on which the application for the patent was lodged at the Patent Office in terms of the Act.  
Extension of term of protection is  provided for in section 27, which deals with Renewal of patents.  
The provision stipulates that every patent shall lap se if the fees prescribed for its renewal are not paid 
within the prescribed period. 
G. L
AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS  
39. Please describe how your legislation protects topographies. 
 IP/Q/ZWE/1, IP/Q2/ZWE/1,  
IP/Q3/ZWE/1, IP/Q4/ZWE/1 Page 14 
 
 
 40. Please explain what protection your national legislation grants to right holders against 
the unlawful importation, sale or distribut ion for commercial purposes of topographies 
including integrated circuits or other articles  in which a topography is incorporated in 
accordance with Article 36 of the TRIPS Agreement. 
 
41. Please explain how your legislation provides for the derogation from Article 36 as 
specified in Article 37 of the TRIPS Agreement where a person has no knowledge or reasonable grounds to know when acquiring an integrated circuit or an article incorporating such an integrated circuit that it contains an unlawful topography. 
 
42. Please state the term of protection granted by your legislation to topographies. 
 
Section 15 of the Integrated Circuit and Layout  Designs Act [Chapter 26:07] prohibits the 
reproduction of the whole or any part of a registered  layout design, whether by incorporating it in an 
integrated circuit or otherwise for commercia l purposes, importing, selling or distribution.  
Registration of the design has the same effect against the State as it does against a subject. 
 
Protection of the design is for a period of 10 years from the date on which the design was first 
exploited commercially anywhere in the world by or with the authorization of the proprietor, or on the 
effective date of registration of the design where it was not exploited commercially before 
registration. 
 H. P
ROTECTION OF UNDISCLOSED INFORMATION  
43. Please explain whether or not your legislation grants a defined period of time for the 
protection of undisclosed information. If so, please give the time span. 
 
44. Please explain how your legislation defines "undisclosed information". 
 45. Please explain how your legislation defi nes data submitted to governments or 
governmental agencies.  
Zimbabwe Intellectual Property Law regime do es not provide for Protection of Undisclosed 
Information as required by Article 39. 1 and 39.2 of the TRIPS Agreement . 
 
The Access to Information and Protection of  Privacy Act [Chapter 10.27] provides for 
protection for undisclosed test or other data as re quired by section 39.3 of the TRIPS Agreement.  
Although the Act provides general pr otection of information of a third party, supplied to a public 
authority and not particularly that of test or othe r data as contemplated by TRIPS, protection under the 
provision can cover such test or other data so contemplated.  According to section 24 of the Act, 
which provides for protection of information relating to  business interests of a third party, the head of 
a public body may refuse to disclose to an applican t information that will reveal trade secrets or 
commercial, scientific or technical information of  a third party that was supplied implicitly or 
explicitly, in confidence to the public body, and th e disclosure of which could reasonably be expected 
to significantly harm the competitive position of the third party or result in undue financial loss or 
gain to any person or organization. 
 
According to the Act, protection shall not apply to information contained in a record found in 
the archives of a public body and that has been in existence for 30 or more years.  IP/Q/ZWE/1, IP/Q2/ZWE/1,  
 IP/Q3/ZWE/1, IP/Q4/ZWE/1  Page 15 
 
 
 I. E
NFORCEMENT  
46. Please describe how your legislation provides fo r effective action against infringement of 
intellectual property rights. 
 
47. Please explain whether or not your legislat ion provides for a mechanism to appeal to 
judicial bodies of final administrative decisions. 
 
48. Please describe how your legislation authorizes judges to order production of evidence 
by the opposing party.  Please give precise info rmation on what measures are taken to ensure 
the protection of confidential information.  
49. Please quote provisions of your legislation that  authorize judges to order a defendant to 
desist from an infringement. 
 
50. Please quote what provisions of your legisl ation authorize judges to order the payment 
to the right holder of adequate damages to compensate the injury he suffered. 
 
51. Please quote what provisions of your legisl ation authorize judges to order the payment 
of the right holder's expenses by the infringer. 
 
52. Please explain if and how judges have the authority to order that infringing goods are 
placed outside channels of commerce or destroyed. 
 
53. Please quote what provisions of your legislation authorize judges to indemnify a 
defendant in the event of abuse by the plaintiff. 
 
54. Please explain how your legislation implemen ts Article 50 of the TRIPS Agreement. 
 
55. Please identify the competent authorities in your jurisdiction who receive requests from 
right holders for an application to suspend the release of counterfeit goods by the customs 
authorities. 
 
56. Please indicate whether or not procedures are available to suspend the exporting of 
counterfeit goods. 
 
57. Please indicate whether or not your legislation provides for a de minimis  imports 
exception. 
 58. Please explain how your legislation implemen ts Article 61 of the TRIPS Agreement. 
 
In Zimbabwe effective action against infringeme nt of intellectual property rights as required 
by Article 41.1 of the TRIPS agreement is provi ded for under the Copyright and Neighbouring Rights 
Act [Chapter 26:05], which is not yet in operation.   Section 52 (1) of the Act provides that, an 
infringement of a copyright shall be actionable at the suit of the owner of the copyright. 
 Further, the Act provides that in any proceedings  for an infringement of copyright there shall 
be available to the plaintiff all such remedies by way of damages, interdict, attachment, the rendering 
of account, the delivery of infringing copies or articles used or intended to be used for making 
infringing copies or otherwise, as are available in respect of the infringement of any other proprietary right. IP/Q/ZWE/1, IP/Q2/ZWE/1,  
IP/Q3/ZWE/1, IP/Q4/ZWE/1 Page 16 
 
 
 Further, section 9A of the Trade Marks amendment Act 2001 (not yet in operation), section 
48 of the Patents Act [Chapter 26:03] and section 46A of the Industrial Designs Amendment Act, 
2001 provide for effective action against infringeme nt of intellectual property rights in the same 
manner as outlined above. 
 
Section 57 of the Copyright and Neighbouring Right s Act gives jurisdiction to judges to grant 
Anton Pillar Orders.  Where proceedings are contempl ated before the Tribunal, and the applicant has 
reasonable belief that any documents, copies constitu ting evidence may be hidden, the Tribunal, upon 
application, may make an order securing such documen ts or evidence.  The said order may be granted 
without notice to the person who is allegedly in possession of the document.  The Tribunal or Court 
may sit in camera  for the purpose of hearing an application 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 will be hidden, dest royed or rendered inaccessible if notice is given. 
 
The said order, may be granted on such conditions, including the giving of security by the 
applicant, as the Tribunal or Court may fix. 
 This matter has been adequately dealt with in  the response to question 23 posed by the United 
States below.  
 
IV. RESPONSE TO A QUESTION POSED BY JAPAN 
A. 
COPYRIGHT AND RELATED RIGHTS  
1. Please explain exceptions or exemptions of  the National Treatment and Most-Favoured-
Nation Treatment under the Copyright and Neighbouring Rights Law, if any, as permitted in 
Articles 3 and 4 of the TRIPS Agreement. 
Section 45 of the Copyright Act [Chapter 26:01] provides an exception to the National 
Treatment principle as permitted in Article 3 of TRIPS Agreement.  The section denies Copyright protection to citizens of countries which decline adequate protection to Zimbabwean works.  
According to the Act, the Minister may prescrib e that no copyright under Zimbabwean Law shall 
extend/subsist to any country not giving adequa te protection to any work as envisaged under 
Zimbabwean Law. 
  
V. RESPONSES TO QUESTIONS POSED BY SWITZERLAND 
A. P
ATENTS  
1. Does your legislation grant patent protection for inventions relating to products and 
processes in all fields of technology?  Are there an y exceptions?  If so, please explain what these 
exceptions are and how they comply wi th Article 27 of the TRIPS Agreement. 
 
Yes, our patent law grants patent protection fo r inventions relating to  products and processes 
in all fields of technology, subject only to the fo llowing exceptions as introduced by section 2A of the 
Patents Amendment Bill, 2001 (pending before Parliame nt for debate) and herein after referred to as 
the "Patents Amendment Act"): 
(a) where the patent sought is in relation to diagnostic, therapeutic or 
surgical methods for the treatment of human beings;  IP/Q/ZWE/1, IP/Q2/ZWE/1,  
 IP/Q3/ZWE/1, IP/Q4/ZWE/1  Page 17 
 
 
  
 (b) where the patent sought is in relation to plants and animals, other than micro-
organisms;  
 
(c) where the patent sought is for essentially biological processes for the 
production of plants or animals, other than micro-biological processes. 
 
Section 13(1) of the Patents Act, as am ended by the Patents Amendment Act, 
provides that a patent may also not be granted where the application: 
 
(a)  is frivolous; on the grounds that it claims as an invention anything obviously contrary 
to well established natural laws;  or 
 (b) the use of the invention in respect of  which the application is made would be 
generally expected to either: 
 
(i) endanger public order or public safety;  or 
(ii) encourage offensive, immoral or anti-social behaviour;  or 
(iii) endanger human, animal or plant life or health;  or 
(iv) promote serious prejudice to the environment. 
This legal innovation complies with the requireme nts of Article 27.1, 27.2 and 27.3 of the 
TRIPS Agreement. 
2. Does your legislation, in accordance with Arti cle 27.1 in combination with Article 31 of 
the  TRIPS Agreement, consider importation as "working" a patent (and therefore preclude compulsory licensing, if a product is being imported)? 
 
Section 24(4) of the Patents Act is amended by clause 6 of the Patents Amendment Act to the 
effect that importation is considered as "working" a patent in line with the requirements of Article 27.1 as read with Article 31 of the TRIPS Agre ement.  Implied in this legal innovation is that 
the recognition of importation as a "working" patent precludes compulsory licensing for as long as the patent, like any other patent, is be ing exploited for the benefit of Zi mbabwe's market, social needs and 
expectations. 
 
3. Does your legislation make the granting of  a compulsory licence subject to all the 
conditions enumerated in Article 31 of the TR IPS Agreement?  Please cite the relevant 
provisions of law. 
  Sections 31(1) of the Patents Act [Chapter 26:03] as amended by clauses 9, 10 and 11 of the 
Patents Amendment Act, provides for compulsory li censing in case of abuse or insufficient use of 
patents right, so that:   "Subject to subsection (13) any person interested  [in the patent, and] who can show that he 
has been unable to obtain a licence under a patent on reasonable terms within a period of six months 
from the initial request for a voluntary licence …" may apply to the Tribunal for the granting of a 
compulsory licence on the ground that the reasonable requirements of the public with respect to the 
invention in question have not been satisfied or will not be satisfied. 
 IP/Q/ZWE/1, IP/Q2/ZWE/1,  
IP/Q3/ZWE/1, IP/Q4/ZWE/1 Page 18 
 
 
  To note is that the compulsory licence will be  granted where it is primarily directed at 
satisfying the domestic needs of the Zimbabwe market.   A new section 6A inserted by the Patents Am endment Act empowers the Tribunal or Patents 
Office to refuse the granting of a compulsory licence where it determines that the granting of a patent 
will be anti-competitive.   A compulsory licence shall not be exclusive and shall be revocable where it is established 
that: 
 
(i) the circumstances that led to the granting of the licence have since ceased to exist and 
are unlikely to  recur;  or 
 (ii) the licensee has failed to exploit the inven tion within the granting order's stipulated 
time;  or 
 (iii) the licensee has failed to expend the am ount specified in the licence as being the 
amount which he is able to and willing to provide for the purpose of exploiting the invention on a commercial scale in Zimbabwe;  or 
 
(iv) the licensee has failed to honour and pay the patentee the royalties payable in terms of 
the licence agreement. 
  Clauses 10 and 11 of the Patents Amendment Ac t further amplify the requirements of the 
TRIPS Agreement as enumerated in Article 31 vis-à-vis  compulsory licensing.  Thus, the amendments 
to the present Patents Act as introduced by clauses 9, 10 and 11 of the Amendment Act substantially 
fulfil our obligations as envisaged by Article 31 of the TRIPS Agreement.  
4. Does your legislation provide for the principle of the reversal of burden of proof in a 
process patent litigation?  Please cite the relevant provisions of law.  
Clause 14 of the Patents Amendment Act amends  the Patents Act by the introduction of a 
subsection (1a) which subsection has the effect of pr oviding for the reversal of burden of proof in a 
process litigation.  This legal innovation is in compliance with the provisions of Article 34 of the TRIPS Agreement.  
B. P
ROTECTION OF UNDISCLOSED INFORMATION  
5. Please explain in detail if your legislation ensures that undisclosed test or other data 
submitted by an applicant to the responsible State agency in the procedure for market authorisation of a pharmaceutical or of an agr icultural chemical product is protected against 
disclosure and against unfair commercial use by a competitor, for example by prohibiting a second applicant from relying on, or from referring to the original data of the first applicant, 
when applying subsequently for market auth orisation for a similar product.  Does your 
legislation provide for exceptions to this? If yes, under what conditions would such exceptions 
apply?  Does your legislation set a specific term of  protection for undisclosed test or other data 
of the first applicant?  
 There are no special provisions relating speci fically to pharmaceu ticals or agricultural 
chemicals under our legislation.  However, these woul d be protected under our legislation in terms of 
section 12 of the Industrial Designs Act [Chapter 26:02] and sections 19 and 20 of the Patents Act 
[Chapter 26:03].  Like any other test or data rela ting to the various fields of technology, protection  IP/Q/ZWE/1, IP/Q2/ZWE/1,  
 IP/Q3/ZWE/1, IP/Q4/ZWE/1  Page 19 
 
 
 would not be granted where the applicant or his predecessor has already commercially exploited the 
art, process or data without seeking protection as stipulat ed by the legislation, that is to say, where the 
test or other data has been flagrantly put into the public domain by the applicant.  
 However, we  still have to craft specific legislative pr ovisions in this area in compliance with 
Article 39 of the TRIPS Agreement. 
 
C. E NFORCEMENT  
6. Please indicate remedies provided by your legislation which constitute effective 
deterrents to infringements of intellectual property rights. 
 
• Part VI of the Patents Act [Chapter 26: 03] as amended by clauses 14 and 15 of the 
Patents Amendment Act 
 
• Part VIII, sections 46, 46A, 46B, 47, 47A, and Part IX of the Industrial Designs Act 
(Chapter 26:02] as amended by clauses 9, 10, 11 and 12 of the Industrial Designs Act 
 
• Parts III, XII and XIV of the Trade Marks Act [Chapter 26:04] as amended by clauses 
12, 13, 14, 15, 16 and 17 of the Trade Marks Amendments Act No. 10 of 2001 
 
• Parts V, IV and sections 78 and 110 of the Copyright and Neighbouring Rights Act 
[Chapter 26:05] 
 
• Part III of the Geographical Indications Act [Chapter 26:06] 
 
• Parts X and X1 of the Integrated Circuit Layout-Designs Act [Chapter 26:07] 
• Part III of the Intellectual Property Tribunal Act [Chapter 26:08] 
 
• Part IVA sections 25C-E of the Plant Breeders Rights Act [Chapter 18:16] as inserted 
by clause 16 of the Plant Breeders Rights Amendment Act No. 11 of 2001 
  
7. Please describe any new initiatives that are planned to improve enforcement of 
intellectual property rights in your country, pa rticularly initiatives related to criminal 
enforcement.  
 The Criminal Penalties Bill II B 15, 2001 (pending  before Parliament for debate), is a legal 
innovation aimed at expediting adjustments to fines for criminal offences of all statutory criminal provisions by empowering the Minister of Justice, Le gal and Parliamentary Affairs to, by notice in the 
Gazette, review and issue out a standard scale of fin es in which he will prescribe levels of fines and 
their monetary amounts.  This also applies to the criminal provisions in the intellectual property legislation.   VI. RESPONSES TO QUESTIONS POSED BY THE UNITED STATES 
A. G
ENERAL  
1. Please describe, in relation to each form of intellectual property covered by the TRIPS 
Agreement, including plant variety protection, the manner in which national treatment and 
most favoured nation treatment are provide d to nationals of other WTO Members. IP/Q/ZWE/1, IP/Q2/ZWE/1,  
IP/Q3/ZWE/1, IP/Q4/ZWE/1 Page 20 
 
 
  Zimbabwean Legislation does not provide "Na tional" or "Most Favour ed National Treatment" 
to nationals or other World Trade Organization (W TO) Members.  The Copyright Act, under section 
42, permits the Minister of Justice to extend benefit of the Act to other countries.  However, this does 
not generally extend to nationals of other WTO memb ers, but rather, to a country which the Minister 
would have specified, by order in a statutory instrument.  It is important to note though that once such 
specification is made, in relation to any country , the same shall be accorded immediately and 
unconditionally to the nationals of all other Me mbers of the World Trade Organizations, in 
accordance with the most-favoured-nation treatment pr inciple, as provided under Article 4 of the 
TRIPS Agreement. 
 
B. C
OPYRIGHT AND RELATED RIGHTS  
2. Please explain whether and how the copyrigh t law of Zimbabwe complies with Article 9 
of the TRIPS Agreement requiring that Members comply with all Articles 1 through 21 of the Berne Convention (1971), except Article 6
bis, since Members do not have rights or obligations 
relating to the latter Article under the TRIPS Agreement. 
 
Sections 5 and 6 of The Copyright Act [Chapter 26:01] provides protection to authors in 
respect of literary and artistic works.  Section 7 of the Act provides that everything conferred by 
section 5 and 6 shall "vest initially in the author of the work".  Exceptions to the exclusive rights of 
the author are captured under subsection (2), (3) and (4) of section 7. 
 
 Sections 9, 10 and 11 of the Act contain further exceptions to the exclusive rights of authors.  
It should be noted that this Act was promulga ted prior to the TRIPS Agreement and the Berne 
Convention (1997).  The Copyright and Neighbouring Rights Act [Chapter 26:05] (which is not yet 
operational) is modeled on the provisi ons of the above-mentioned treaties. 
 3. Please explain how the copyright law of  Zimbabwe protects computer programs as 
literary works and complications of data as required by Article 10 of the TRIPS Agreement. 
 
Compilations of data are protected under section 5 of the Copyright Act [Chapter 26:01], as 
literary work.  Subject to the Act copyright shall s ubsist in every original literary work, which is 
unpublished, and of which the author was a qualif ied person at the time the work was made.  
Protection is given by restricting:  
(i) reproduction of the work in any material form; 
(ii) publication of the work; 
(iii) performance of the work in public; 
(iv) broadcasting the work; 
(v) transmission of the work, to subscr ibers, to a diffusion services;  and 
(vi) the making of any adaptation of the work. 
 The current Act does not provide for protection of computer programs as literary works.  
However, this is contemplated in the Copyrigh t and Neighbouring Rights Act [Chapter 26:05], which 
is yet to come into force.  The Act provides fo r protection of literary work under section 17 where 
"literary work" is interpreted as including, amongst others, computer programs.  The same protection 
as extended in the current Act is contemplated therein. 
4. Article 11 of the TRIPS Agreement requires that rental rights for computer programs 
and cinematographic works be available.  Please cite to the corresponding provision of the 
copyright law of Zimbabwe.   IP/Q/ZWE/1, IP/Q2/ZWE/1,  
 IP/Q3/ZWE/1, IP/Q4/ZWE/1  Page 21 
 
 
 Section 20 (2) of the Copyright Act provides that any person who sells, lets or hires, without 
licence of the copyright owner, subject matter that is protected under the copyright, infringes copyright in cinematograph film.  Hence, authors are provided the right to authorize commercial rental of originals or copies of their copyright work s, by issue of licence or prohibit such rentals by 
non-issue of licence, as required by the TRIPS Agreem ent, Article 11.  Protection and rental rights of 
computer programs are not provided under the Act. 
5. Please state the length and terms of protect ion the copyright law of Zimbabwe provides  
for a work other than a photographic work or a work of applied art and cite to the relevant provision of law. 
  The period of protection given to work other th an photographic work or work of applied art, 
is provided in section 5(3) of the Copyright Act as the lifetime of the author of the work, until 50 years from the end of the calendar year in which th e author died.  The terms of protection of such 
works are provided in section 5 which provides for pr otection of Copyright in Literary, Dramatic and 
Musical works.  These terms are as stipulated here in above under item 3 which deals with protection 
of compilations of data, itself literary work.  
6. Please describe the protection the copyrigh t law of Zimbabwe provides for performers, 
and the term of the protection.  
 Zimbabwe copyright law does not provide protecti on to performers.  This is catered for in the 
Copyright and Neighbouring Rights Act [Chapter 26:05] .  According to the Act, performers shall be 
given the right to prevent unauthorized exploitatio n of any qualifying performance given by them.  
Performers' rights are protected from infringement  by one who broadcasts the qualifying performance 
live or makes a recording of a qualifying performance, without the performer's consent.  According to 
the Act, rights conferred are intended to subsist for 50 years from the end of the calendar year in 
which the performance took place.  
7. Article 14.2 of the TRIPS Agreement provi des that producers of phonograms are to 
enjoy the right to authorize or prohibit the direct or indirect reproduction of their phonograms.  Article 14.2 requires that producers of phonogr ams are to have the right to authorize or 
prohibit the commercial rental to the public of originals or copies of their phonograms.  Please 
describe how the copyright law of Zimbabwe im plements these obligations and indicate the 
term of protection.  
 The Copyright Act does not provide producers of phonograms with the right to authorize or prohibit the reproduction of their phonograms.  Section 20 (2) of the Act provides, Copyright … is 
infringed by any person who without the licence of th e owner of the copyright sells, lets for hire … 
any article. "  Hence, the section provides producers of phonograms with the right to authorize or prohibit commercial rental of copies or originals of their phonograms.  Producers may issue, licence and in turn authorize commercial rental, or withhol d such issue, thus prohibiting commercial rental.  
Section 16(2) provides that the term of protecti on for copyright in sound recordings (phonograms) 
shall be fifty years from the end of the cale ndar year in which  the recording was made. 
 C. T
RADEMARKS  
8. Please describe the subject matter that can comprise a trademark under the trademark 
law of Zimbabwe. 
  Subject matter that can comprise a trademar k under the Trade Marks Act [Chapter 26:04] is 
provided for under section 2 which provides interpreta tion of a mark.  This includes a distinguishing IP/Q/ZWE/1, IP/Q2/ZWE/1,  
IP/Q3/ZWE/1, IP/Q4/ZWE/1 Page 22 
 
 
 guise, slogan, device, brand, heading, label, ticke t, name, signature, word, letter, numeral or any 
combination thereof whether rendered in two or three-dimensional form. 
 
9. Please describe the procedure that must be followed to register a trademark in 
Zimbabwe, citing the relevant provisions of the law,  and describe the rights that the owner of a 
registered mark can exercise.  
Procedure for registration of a trademark is provided under section 21 of the Trade Marks 
Act.  The procedure is as follows: 
(a) application for registration by interested  person claiming to be the proprietor of a 
mark used or proposed to be used by hi m, in the prescribed manner, in writing, 
according to either part A and B of the register of trademarks. 
(b) the Registrar on receipt of the applicatio n, may refuse or accept absolutely or subject 
to amendments, modifications or conditions he deems fit, 
(c) in the case of application for registration under part A of the register, the Registrar 
may, instead of refusing the application, treat  it as one for registration in Part B, if the 
applicant is willing and thereaf ter deal with it accordingly, 
(d) in the case of either refusal or register or conditional acceptance, the Registrar shall, 
if required by the applicant, state in writing, the grounds for his decision and the materials he used to arrive thereat.  The decision shall be subject to appeal; 
(e) an appeal, if taken, shall be heard be fore the Intellectual Property Tribunal, which 
shall rely on materials used by the Registrar in arriving at his decision, to make its determination.  Further grounds of objecti ons to acceptance of the application, shall 
only be allowed by leave of the Tribunal. 
(f) once application for registration has b een accepted, whether absolutely or 
conditionally, the applicant shall, soon afte r, advertise the application as accepted, 
setting forth all conditions and limitation on the acceptance, 
(g) once the advertisement has been made, an y person my give notice of opposition to the 
registration in writing, to the Registrar, and include a statement of grounds for opposition.  The applicant, on receipt of a copy of the opposition documents, shall 
furnish the Registrar with a counter statement, giving grounds why registration 
should be effected; 
(h) The Registrar shall consider evidence furn ished by both parties and make a decision 
whether to register the trademark or not.  An appeal shall lie before the Intellectual Property Tribunal, from any decision of the Re gistrar.  Thereafter, the Tribunal shall 
decide whether to order registration or not. 
10. Please provide the length and terms of protection that the trademark law of Zimbabwe 
provides for a trademark.  
 According to section 24 of the Trade Marks Act,  registration of a trademark subsists for ten 
years, but may be renewed from time to time, in accordance with provisions of the Act, for further 
periods of ten years.  Section 8 provides for prot ection of a trademark against unauthorized use of a 
mark as a trademark, which is identical to or closel y resembles the registered trademark, in relation to  IP/Q/ZWE/1, IP/Q2/ZWE/1,  
 IP/Q3/ZWE/1, IP/Q4/ZWE/1  Page 23 
 
 
 goods or services in respect of which the trademar k is registered, as to likely deceive or cause 
confusion.  Protection is also given against unauthori zed use in the course of trade, otherwise than as a 
trademark, of a mark identical to or closely resemb ling a registered trademark, in relation to goods or 
services in respect of which the trademark is register ed, so as to likely cause injury or prejudice to the 
proprietor of the trademark. 
 D. G
EOGRAPHICAL INDICATIONS  
11.  Please describe in detail how the laws of Zimbabwe provide for the recognition and 
protection of geographical indications required by  Article 22.2 of the TRIPS Agreement, citing 
to the relevant provisions of law or regulation, and provide examples of geographical 
indications so protected.  
Sections 3 and 9 of the Geographical Indica tions Act [Chapter 26:02] provide for the 
recognition and protection of geographical indica tions as required by Article 22.2 of the TRIPS 
Agreement.  Section 3 provides for situations wh ere geographical indications will be regarded as 
misleading.  These are when it is app lied to or in rela tion to a product: 
 
(i) if it suggests that the product originates in an  area other than its true area of origin; or 
(ii) if it misleads the public as to the area of origin of the product;  or 
(iii) if its application to or in relation to the product constituted unlawful competition; 
(iv) in the case of a wine or spirit, it is applied to  a wine or spirit that does not originate in 
the area suggested by the indication, even if the true origin of the product is indicated or the geographical indication is used in tr anslation or is accompanied by an expression 
such as "kind", "type", "style", "imitation" or "the like". 
 
According to the Act, for the purpose of determining whether a geographical indication 
suggests that a product originates in a particular area or misleads the public as to its area of origin, 
regard shall be to the general unde rstanding of consumers or users of  the product concerned where it 
has been, is being or is intended to be sold. 
Section 9 of the Act prohibits the sale, import for sale in Zimbabwe, exports for sale outside 
Zimbabwe, or the manufacture for sale, of any product, if a misleading geographical indication is 
applied to it. 
 12. Please describe in detail the manner in which the higher level of protection required for 
wines and spirits under Article 23.2 of the TRI PS Agreement is implemented, citing to the 
relevant provisions of law or regulation, and provide examples of geographical indications for such products. 
 
Zimbabwean legislation does not provide the hi gher level of protection for spirits and wines 
contemplated by Article 23.2 of the TRIP Agreement. 
E. I
NDUSTRIAL DESIGNS  
13. Please describe the procedure that must be  followed to obtain protection for industrial  
designs, citing to the provisions of the la w of Zimbabwe, and describe the nature of the 
protection provided. 
 
Sections 9, 9A and 9B of the Industrial Desi gns Act [Chapter 26:02] as amended, provide the 
procedure that must be followed to obtain protection for industrial designs. IP/Q/ZWE/1, IP/Q2/ZWE/1,  
IP/Q3/ZWE/1, IP/Q4/ZWE/1 Page 24 
 
 
 Applications for registration of designs are to be made and lodged at the Designs Office, in 
the prescribed manner.  Thereafter, for the purposes of  deciding whether a design is new or original, 
the Registrar may make searches as he deems fit.  The Registrar may refuse the application or accept it absolutely or subject to amendments, modificatio ns, conditions or limitations  as he deems fit.  An 
appeal shall lie from any decision of the registrar's, of either granting or refusing registration of the 
design.  Where the Registrar has refused regist ration or accepted it conditionally as contemplated 
above, he shall, if required by the applicant, st ate in writing the grounds for his decision and the 
materials he used in arriving at it.  An appeal against the decision of the Registrar shall be heard 
before the Intellectual Property Tribunal (the Tr ibunal), and be based upon grounds/materials stated 
by the Registrar in giving explanation to the app licant, except where permitted to take further grounds 
by the Tribunal. 
Soon after application for registration has been accepted, the applicant is mandated to 
advertise in the prescribed manner, the applicati on as accepted.  The Registrar, in exceptional 
circumstances, may direct that an application be advertised before acceptance of application.  Any 
person may in writing oppose registration in the prescr ibed manner, giving reasons for the opposition.  
The applicant will thereafter be permitted to ma ke a counter statement of grounds upon which he 
relies for registration.  The Registrar will thereaf ter consider evidence tendered and decide whether 
and subject to what amendments and conditions, if an y, registration is to be  permitted.  An appeal 
shall lie from any decision of the Registrar, befo re the Tribunal.  Where registration has been 
permitted after all consideration have been made, the Registrar shall register the design. 
Section 15 of the Act, gives the registered pr oprietor "the exclusive right in Zimbabwe to 
make or import for sale or for use for the purposes of any trade or business or to sell, hire or offer for 
sale or hire any article in respect of which the d esign is registered, being an article to which the 
registered design or a design not substantially diffe rent from the registered design has been applied, 
and to make anything for enabling any such article to be made as aforesaid". 
14. Please describe the procedure that must be followed to obtain protection for textile 
designs and cite to the relevant provisions of law or regulation.  
 No provision is made for protection of textile designs. 
F. P
ATENTS  
15. Please describe in detail the way in which the patent law of Zimbabwe implements 
Article 27 of the TRIPS Agreement, indicating  any exceptions provided for, and including 
details regarding the protection for micro-or ganisms and non-biological and microbiological 
processes and plant varieties.  Please cite to the relevant provisions of the law.  
Section 21 of the Patents Act [Chapter 26:03] provi des for the grant of patents for inventions.  
Inventions for which patents may be granted are in terpreted as, 'any new and useful art, whether 
producing a physical effect or not, process, machin e, manufacture or composition of matter which is 
not obvious or any new and useful improvement th ereof which is not obvious, capable of being or 
applied in trade or industry and includes an alleged invention.' 
Section 13 of the Act provides exceptions as pe rmitted by the TRIPS Agreement.  According 
to section 13 (1) (b), application for a patent may be  refused if the use of the invention in respect of 
which applications is made, would be expected to: 
(i) endanger public order or safety;  or 
(ii) encourage offensive, immoral or anti-social behaviour;  or   IP/Q/ZWE/1, IP/Q2/ZWE/1,  
 IP/Q3/ZWE/1, IP/Q4/ZWE/1  Page 25 
 
 
 (iii) endanger human, animal or plant life or health; or promote serious prejudice to the 
environment. 
 
Under the Act, an application shall not be re fused in terms of the above, merely because 
exploitation of the invention concerned would be contrary to the law of Zimbabwe. 
Under section 2A patents shall not be granted for the following inventions: 
(a) diagnostic, therapeutic or surgical met hods for the treatment of human beings or 
animals; or 
(b) plants and animals, other than micro- organisms, non-biological and microbiological 
processes as contemplated by the TRIPS Agreement. 
(c) essential biological processes for the producti on of plants or animals, other than 
microbiological processes. 
 
16. Please describe in detail the rights provi ded patent holders under the patent law of 
Zimbabwe and cite to the relevant provisions of law. 
 
 The provisions of section 24 (4) of the Patents Act give patent holders  full power and sole 
privilege, during the term of the patent to make , use, exercise and vend the invention within 
Zimbabwe in such a manner as to him seems meet, so  that he shall have and enjoy the whole profit 
and advantage accruing by reason of the i nvention during the term of protection. 
 
17. Please describe in detail any provision s in the laws of Zimbabwe permitting 
unauthorized use of a patent, citing to the rele vant provisions of law, and describe in detail the 
conditions under which such use can occur.  
 Section 34 of the Patents Act provides for unauthor ized use of patents, for service of the state, 
as contemplated by Article 31 of the TRIPS Agreemen t.  According to the Act, any State department 
or any person authorized by the Minister of Jus tice, Legal and Parliamentary Affairs, may make use 
or exercise any invention disclosed in any specificati on lodged at the Patent Office, for the service of 
the State, in accordance with the Act.  
  Section 34 (2) provides that "[i]f, and so far as the invention has, before the effective date of 
the relevant claim of the completed specification, be en duly recorded by or tried by or on behalf of a 
department of the state or a person authorized in terms of subsection (1) otherwise than in 
consequence of the communication thereof, directly of  indirectly, by the patentee or any other person 
from whom he derives title, any use of the invention by  virtue of  subsection (1) may be made by such 
department of the State or person free of any royalty or other payment to the patentee". 
   And 34(3) provides that "[i]f and so far as the i nvention has not been so recorded or tried as is 
mentioned in subsection (2), any use of the inven tion made by virtue of subsection (1) at any time 
after the acceptance of the complete specification resp ect of the patent or in consequence of any such 
communication as is mentioned in subsection (2), sh all be made upon such terms as may be agreed 
on, either before or after use, between the minister  and the patentee with the approval of the Minister 
of Finance or as may, in default of agreement, be determined by the Patents Tribunal on a reference 
under subsection (1) or section 36."  
18. What term of protection does the patent la w of Zimbabwe provide for patents?  Please 
describe any provisions for extension of the term of protection and cite to the relevant 
provisions of the law.  IP/Q/ZWE/1, IP/Q2/ZWE/1,  
IP/Q3/ZWE/1, IP/Q4/ZWE/1 Page 26 
 
 
 According to section 25 of the Patent Act, the te rm of every patent, shall be for 20 years from 
the date on which the application for the patent was lodged at the Patent Office in terms of the Act.  
Extension of term of protection is  provided for in section 27, which deals with Renewal of patents.  
The provision stipulates that every patent shall lap se if the fees prescribed for its renewal are not paid 
within the prescribed period. 
G. L
AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS  
19. Please describe in detail the protection for layout-designs of integrated circuits provided 
under the laws of Zimbabwe, including the term of protection, and cite to the relevant provisions of law. 
 
Section 15 of the Integrated Circuit and Layout  Designs Act [Chapter 26:07] prohibits the 
reproduction of the whole or any part of a registered lay-out design, whether by incorporating it in an integrated circuit or otherwise for commercia l purposes, importing, selling or distribution.  
Registration of the design has the same effect against the State as it does against a subject. 
Protection of the design is for a period of te n years from the date on which the design was 
first exploited commercially anywhere in the world by  or with the authorization of the proprietor, or 
on the effective date of registration of the desi gn where it was not exploited commercially before 
registration. 
H. P
ROTECTION OF UNDISCLOSED INFORMATION  
20. Please describe in detail how the laws of Zimbabwe provide for the protection of 
undisclosed information as required by Articl e 39.2 of the TRIPS Agreement and provide 
citations to the relevant provisions of law.  21. Please describe in detail the manner in whic h protection is provided test data regarding 
pharmaceutical and agricultural chemical produc ts submitted to the government in order to 
obtain marketing approval in Zimbabwe and cite to the relevant provisions of law. 
 22. Are other applicants for marketing approv al for their own versions of a previously 
approved pharmaceutical or agricultural chemical products permitted to rely on data submitted 
by the earlier applicant?  If so, how long a peri od of exclusivity is given the earlier applicant 
before such reliance becomes possible. 
 
Zimbabwe Intellectual Property Law regime do es not provide for Protection of Undisclosed 
Information as required by Article 39. 1 and 39.2 of the TRIPS Agreement . 
 The Access to Information and Protection of Privacy Act [Chapter 10.27] provides for 
protection for undisclosed test or other data as re quired by section 39.3 of the TRIPS Agreement.  
Although the Act provides general pr otection of information of a third party, supplied to a public 
authority and not particularly that of test or othe r data as contemplated by TRIPS, protection under the 
provision can cover such test or other data so contemplated.  According to section 24 of the Act, 
which provides for protection of information relating to  business interests of a third party, the head of 
a public body may refuse to disclose to an applican t information that will reveal trade secrets or 
commercial, scientific or technical information of  a third party that was supplied implicitly or 
explicitly, in confidence to the public body, and th e disclosure of which could reasonably be expected 
to significantly harm the competitive position of the third party or result in undue financial loss or 
gain to any person or organization. 
  IP/Q/ZWE/1, IP/Q2/ZWE/1,  
 IP/Q3/ZWE/1, IP/Q4/ZWE/1  Page 27 
 
 
 According to the Act, protection shall not apply to information contained in a record found in 
the archives of a public body and that has been in existence for 30 or more years. 
I. E
NFORCEMENT  
23. Please describe in detail the manner in which the laws of Zimbabwe provide for effective 
action against infringement of intellectual prop erty rights as required by Article 41.1 of the 
TRIPS Agreement.  
In Zimbabwe effective action against infringeme nt of intellectual property rights as required 
by Article 41.1 of the TRIPS agreement is provi ded for under the Copyright and Neighbouring Rights 
Act [Chapter 26:05], which is not yet in operation.   Section 52 (1) of the Act provides that, an 
infringement of a copyright shall be actionable at the suit of the owner of the copyright. 
 Further, the Act provides that in any proceedings  for an infringement of copyright there shall 
be available to the plaintiff all such remedies by way of damages, interdict, attachment, the rendering 
of account, the delivery of infringing copies or articles used or intended to be used for making 
infringing copies or otherwise, as are available in respect of the infringement of any other proprietary right. 
 Further, section 9A of the Trade Marks amendment Act 2001 (not yet in operation), section 
48 of the Patents Act [Chapter 26:03] and section 46A of the Industrial Designs Amendment Act, 
2001 provide for effective action against infringeme nt of intellectual property rights in the same 
manner as outlined above. 
24. Article 43.1 of the TRIPS Agreement requires that judges be authorized to order 
production of evidence necessary to substantiate  a party's claims where that party has been 
unable to obtain such evidence from the opposi ng party.  Please describe how the laws or 
regulations of Zimbabwe provide this authorization, citing to the relevant provisions of law or 
regulation.  
Section 57 of the Copyright and Neighbouring Right s Act gives jurisdiction to judges to grant 
Anton Pillar Orders.  Where proceedings are contempl ated before the Tribunal, and the applicant has 
reasonable belief that any documents, copies constitu ting evidence may be hidden, the Tribunal, upon 
application, may make an order securing such documen ts or evidence.  The said order may be granted 
without notice to the person who is allegedly in possession of the document.  The Tribunal or Court 
may sit in camera  for the purpose of hearing an application 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 will be hidden, dest royed or rendered inaccessible if notice is given. 
 
The said order, may be granted on such conditions, including the giving of security by the 
applicant, as the Tribunal or Court may fix. 
 
25. Please describe in detail all of the civil rem edies that are available to right holders under 
the laws of Zimbabwe, citing to the relevant provisions of law or regulation. 
  This matter has been adequately dealt w ith in the response to question 23 (above). 
 
26.  Please describe in detail the provision al procedures and remedies available to right 
holders under the laws of Zimbabwe, citing to th e relevant provisions of law and regulation, and 
indicate any condition under which a right holder may avail itself of those procedures and 
remedies. IP/Q/ZWE/1, IP/Q2/ZWE/1,  
IP/Q3/ZWE/1, IP/Q4/ZWE/1 Page 28 
 
 
  No response received. 
 J. S
PECIAL REQUIREMENTS RELATED TO BORDER MEASURES  
27. Please describe in detail the procedures unde r the laws of Zimbabwe that provide for 
border enforcement at least for trademark counter feiting and copyright piracy, identifying the 
competent authority and citing to the relevant provisions of law or regulation.  
Section 60 of the Copyright and Neighbouring Rights Act provides for the procedure dealing 
with enforcement in respect of tradem ark counterfeiting and copyright piracy. 
Where the owner of the copyright in any work, by written notice to the Director of Customs 
and Excise, informs the Director that he is the ow ner of the copyright in the work and satisfies the 
Director that there are reasonable grounds of suspecting that copies of the work which are infringing copies or would be infringing copies if they had been made in Zimbabwe, have been or may be 
imported into or exported from Zimbabwe, he may request the Director to treat the copies as 
prohibited goods.  The owner is required to describ e the copies concerned with sufficient clarity to 
make them readily identifiable. 
The Director shall forthwith comply with the re quest and ensure that no such copy is imported 
into or exported from Zimbabwe, and any copy that had been imported but not yet entered is not released to the importer. 
The owner is required to furnish sufficient security in respect of his application. 
Further, where the said request has been made  and has not been withdrawn, the importation 
into or exportation from Zimbabwe of any copy of the work to which the request relates shall be 
prohibited until an order has been made by the Tribunal. 
Finally, if the owner of the copyright in any wo rk satisfies the Tribunal or a Court that, he as 
the owner of the copyright in the work and ther e are reasonable grounds for believing that infringing 
copies of the work or copies of the work which, if they have been made in Zimbabwe, would be 
infringing copies are being or may be imported in to or exported from Zimbabwe, the Tribunal or 
Court may issue an order directing the Director of  Customs and Excise to prevent the importation or 
exportation as the case may be, of every such copy of the work. 
28.  Please indicate if border enforcement is ava ilable to owners of other forms of intellectual 
property and, if so, please describe the procedur es and remedies available in relation to each 
form of intellectual property, citing the relevant provisions of law.  
No specific provision under Zimbabwean law c overs this situation though section 60 of the 
Copyright and Neighbouring Rights Act may apply.  29. Article 58 of the TRIPS Agreement speci fies procedures to be followed where the 
competent authorities can act ex officio.  Plea se explain whether the competent authorities in 
Zimbabwe are empowered to act ex officio and, if so, please identify the intellectual property 
areas subject to ex officio action. 
 
There is no provision which provides that competent authorities in Zimbabwe can act 
ex officio.  IP/Q/ZWE/1, IP/Q2/ZWE/1,  
 IP/Q3/ZWE/1, IP/Q4/ZWE/1  Page 29 
 
 
 K. C
RIMINAL PROCEDURES  
30. Please describe in detail how the laws of Zimbabwe implement Article 61 of the TRIPS 
Agreement that requires Members to have cri minal procedures and penalties, including 
imprisonment and/or monetary fines sufficient to ac t as a deterrent, at least for cases of wilful 
trademark counterfeiting and copyright infringeme nt on a commercial scale.  Please cite to the 
relevant provisions of law and regulation.  
Section 59 of the Copyright and Neighbouring Ri ghts Act provides for criminal procedures 
and penalties. 
In Zimbabwe any person shall be guilty of an offe nce if, at a time when copyright subsists in 
a work, he does any of the following things in Zimb abwe without the authority of the owner of the 
copyright in the work: 
 (a) imports it into Zimbabwe; 
 (b) exports it from Zimbabwe; 
 (c) possesses it or exhibits it in public; 
 (d) distributes or, sells it; or  (e) lets it for hire or exposes it for sale or for hire.   A person guilty of such an offence shall be liable to a fine not exceeding Z$50,000 or to imprisonment for a period not exceeding two years or  to both such fine and such imprisonment in 
respect of each article to which the offence relates. 
 
31. Article 61 also requires that remedies in a ppropriate cases include the seizure, forfeiture 
and destruction of infringing goods and any materials and implements the predominant use of which has been the commission of the offence.  Please describe the provisions in the laws of 
Zimbabwe that provide for such remedies, and describe the circumstances in which those 
remedies would be imposed, citing to the relevant provisions of law or regulation. 
 
 This has been provided for in the response to question 23 (above). 
 
32. Article 61 also indicates that Members may provide for criminal procedures and 
penalties in cases of wilful infringement of other forms of intellectual property.  Please describe 
any provisions of the laws of Zimbabwe that pr ovide for such procedures and remedies, citing 
to the relevant provisions of law or regulation.  
This has been dealt with in the response to question 30 (above).  Further, section 78 of the 
Copyright and Neighbouring Rights Act which is relevant, provides for criminal liability for 
infringement of rights of performers and holders of recording rights.  L. S
TATISTICAL QUESTIONS  
33.  Please provide statistical information related  to civil copyright, trademark, geographical  
indication, industrial design, patent, integrated circuit layout-design, and trade secret 
enforcement for 2000, including the number of cases filed; injunctions issued; infringing 
products seized; infringing equipment seized; cases resolved (including settlement); and the 
amount of damages awarded.  
As earlier mentioned, since the relevant Acts are not yet operational, no statistical information 
to that effect is presently available. IP/Q/ZWE/1, IP/Q2/ZWE/1,  
IP/Q3/ZWE/1, IP/Q4/ZWE/1 Page 30 
 
 
 34.  Please provide statistical information rel ated to criminal enforcement in the area of 
copyright piracy and trademark infringement  for 2000, including the number of raids, 
prosecutions, convictions, and the amount of fin es and/or jail terms (including whether the fines 
were paid and whether the jail term was actu ally served or was suspended) and any other 
information establishing that the criminal system operates effectively to deter copyright piracy 
and trademark counterfeiting. 
 
 No statistical information at hand as of now.  
__________