COPYRIGHT AND NEIGHBOURING RIGHTS ACT (AS AMENDED)
(ii) this subsection shall not apply to the importation or exportation of a single copy of the
work by a person for his personal and private use.
(3)
If the owner of the copyright in any work satisfies the Tribunal or a court that—
(a) he is the owner of the copyright in the work; and
(b) there are reasonable grounds for believing that infringing copies of the work or copies of
the work which, if they had been made in Zimbabwe, would be infringing copies are
being or may be imported into 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.
(4)
An order under subsection (3)—
(a) shall describe the copies of the work concerned with sufficient particularity to make
them readily identifiable; and
(b) may be granted subject to conditions, including the giving of security by the applicant
and the inspection of the copies concerned.
(5) For so long as an order in terms of subsection (3) is in force, the Director of Customs
and Excise shall treat the copies to which the order relates as if⎯
(a) they were prohibited from importation in terms of section 47 of the Customs and Excise
Act [Chapter 23:02]; or
(b) their exportation was prohibited for the purpose of section 61 of the Customs and
Excise Act [Chapter 23:02];
as the case may be.
(6) The Director of Customs and Excise shall take all necessary steps to inform an
importer or exporter or intended importer or exporter of goods whose importation or exportation
is prohibited by virtue of this section of the reasons for the prohibition.
(7)
While any goods are detained pursuant to a request or an order under this section—
(a) the person at whose instance the request or order was made; and
(b) the importer of the goods;
shall be given an adequate opportunity to inspect the goods in order to determine whether or not
they are infringing copies.
(7) Notwithstanding anything in the Customs and Excise Act [Chapter 23:02], a person
shall not be liable to any penalty under that Act, other than forfeiture of the goods, as a result of
their importation or exportation being prohibited by virtue of this section.
PART VI
MORAL RIGHTS
61 Right to be identified as author or director
(1) Subject to this Part, the author of a literary work, other than a work consisting of
words intended to be sung or spoken with music, has the right to be identified as the work’s
author for so long as copyright subsists in it, whenever⎯
Act 11/2001
- 36
Chapter 26:01
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