(b) either no directions have been given under subsection (1) in relation to the application in Zimbabwe or all such directions have been revoked. (5) If any person fails to comply with any direction given under this section or makes or causes to be made an application for the registration of a design in contravention of subsection (4), he shall be guilty of an offence and liable to a fine not exceeding level seven or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment. [inserted by Act 22 of 2001, gazetted on the 1st February, 2002.] (6) Where an offence under this section is committed by a body corporate, every person who at the time of the commission of the offence is a director, general manager, secretary or other similar officer of the body corporate, or is purporting to act in any such capacity, shall be deemed to be guilty of that offence unless he proves that— (a) the offence was committed without his consent or connivance; and (b) he exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances. (7) In this section— “competent authority” means the Minister responsible for defence or any other Minister whom the President, by statutory instrument, designates as being the competent authority for the purposes of this section. 12 Provisions as to confidential disclosure, etc. (1) An application for the registration of a design shall not be refused and the registration of a design shall not be held to be invalid by reason only of— (a) the disclosure of the design by the proprietor to any other person in such circumstances as would make it contrary to good faith for that other person to use or publish the design; or (b) the disclosure of the design in breach of good faith by any person other than the proprietor of the design; or (c) the acceptance of a first and confidential order for goods bearing the design; or (d) the communication of the design by the proprietor thereof to a department of the State or to any person authorized by the Minister to consider the merits of the design or of anything done in consequence of such a communication; or (e) the exhibition at an industrial or international exhibition, certified as such by the Minister, or the exhibition elsewhere during the period of the holding of such an exhibition without the privity or consent of the proprietor, of a design or of any article to which a design is applied or the publication during the holding of any such exhibition of a description, illustration or specimen of such design if— (i) the exhibitor, before exhibiting the design or article or publishing a description, illustration or specimen of the design, gives the Registrar the prescribed notice of his intention to do so; and (ii) the application for registration is made before or within six months from the date of the opening of the exhibition. (2) Where copyright subsists in an artistic work and an application is made by, or with the consent of, the owner of that copyright for the registration of a corresponding design, that design shall not be treated for the purposes of this Act as being other than new or original by reason only of any use previously made of the artistic work, unless— (a) the previous use consisted of or included the sale, letting for hire or offer for sale or hire of articles to which the design in question, or a design differing from it only as mentioned in subsection (3) of section six, had been applied industrially, other than articles of a description specified in regulations referred to in subsection (4) of section six; and (b) that previous use was made by, or with the consent of, the owner of