Civil Enforcement of Trademark Rights in Zimbabwe

Abstract

Protection of property rights is one of the key functions of any legal system. The assertion of rights by right holders in the event of infringement or misuse is one of the key roles of the civil courts in Zimbabwe. A number of courts including the Magistrates Court, the High Court, and the Supreme handle civil trademark disputes in Zimbabwe. The civil process is one of the key enforcement mechanisms available to trademark right holders in Zimbabwe. Creativity in the intellectual property sector is hinged in part on the level of enforcement availed by the law and the courts to right holders. Without the law providing real remedies when infringement of intellectual property rights takes place, rights accorded by the law to trademark owners will be of no value. This study examines the status of civil trademark law in Zimbabwe with a view to ascertain the extent of its effectiveness. The following aspects of the civil litigation process were looked at; the cost involved, the duration of proceedings, the right of audience, the available remedies, the set-up of the courts, evidence required, onus of proof and other aspects. These challenges can be resolved by a number of measures which do not require infrastructural or expensive changes in the legal system.