TRADE MARKS ACT charge, he was so employed by some other person and was not interested in the goods or services by way of profit or commission dependent on the sale of such goods or performance of such services; and (ii) he took reasonable precautions against committing the offence charged; and (iii) he had, at the time of the commission of the alleged offence, no reason to suspect the genuineness of the trade mark; and (iv) on request made by an inspector or police officer, he gave to that inspector or police officer all the information in his power with respect to the persons on whose behalf the trade mark was applied. ss 82–86 (ii) the Director of Customs and Excise may refuse to act in terms of a notice given under this subsection until the person giving the notice furnishes him with security, in such form and for such amount as the Director of Customs and Excise may require, to secure the fulfilment of any liability and the payment of any expense which he may incur by reason of the detention by him of any goods to which the notice relates 85 Prohibition of sale or importation of goods or performance of services with forged registered trade mark (1) Subject to subsection (2), any person who sells or imports any goods or performs any services to which— (a) a forged registered trade mark is applied; or (b) a registered trade mark is falsely applied; shall be guilty of an offence. (2) It shall be a defence to any charge under subsection (1) if the person concerned proves that— (a) having taken all reasonable precautions against committing an offence under this Part— (i) he had, at the time of the sale, no reason to suspect the genuineness of the trade mark; and (ii) on request made by an inspector, police officer or customs officer, he gave to that inspector or officer all the information in his power with respect to the person from whom he obtained such goods; or (b) otherwise he had acted innocently. 86 Provision for restricting importation of goods bearing registered trade mark (1) The proprietor or registered user of a registered trade mark who is a manufacturer, dealer or trader in Zimbabwe may give notice in writing to the Director of Customs and Excise that he— (a) is the proprietor or registered user, as the case may be, of the registered trade mark; and (b) requests the Director of Customs and Excise, during the period specified in the notice, to treat as prohibited goods, goods which are grown, manufactured or produced outside Zimbabwe and to which there has been applied a trade mark which is identical with the registered trade mark or which so nearly resembles it as to be likely to deceive or cause confusion: Provided that— (i) the period specified in a notice under this subsection shall not exceed five years and shall not extend beyond the period for which the trade mark is registered; 119 [Chapter 26:04]